Mrs Vanita Sudhir Dogra Vs M/S Expat Projects and Developments… — Arbitration | Karnataka HC (2026)

Mrs Vanita Sudhir Dogra Vs M/S Expat Projects and Developments… — Arbitration | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn with liberty reserved to the petitioners to issue fresh notice to the respondent seeking invocation of the arbitration clause based upon the two different agreements; all contentions of the parties kept open.

Issue for consideration

Whether a sole arbitrator should be appointed in terms of Clause 25 of the Token Receipt Agreements dated 19.01.2015 and 10.06.2015 pursuant to Section 11(6) of the Arbitration and Conciliation Act, 1996, for resolution of the dispute between the parties.

Court's answer

Learned counsel for the petitioners sought, and the Court entertained at the admission stage, leave to withdraw the petition with liberty to issue fresh notice to the respondent seeking invocation of the Arbitration Clause based upon the two different agreements.

Ratio / Principle

Taking into consideration the Supreme Court judgment in Duro Felguera S.A. v. Gangavaram Port Ltd., (2017) 9 SCC 729, and reserving liberty to the petitioners as prayed, the Civil Miscellaneous Petition was dismissed as withdrawn, with all contentions of the parties kept open.

Key takeaways

Pending application(s), if any, do(es) not survive for consideration.obiter¶30

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (E.S. Indiresh J., oral order dated 11.03.2026), Civil Miscellaneous Petition No. 299 of 2025 — filed by Mrs. Vanita Sudhir Dogra and Mr. Aneeket Sudhir Dogra under Section 11(6) of the Arbitration and Conciliation Act, 1996 against M/s Expat Projects and Developments Pvt. Ltd., praying for appointment of a sole arbitrator in terms of Clause 25 of Token Receipt Agreements dated 19.01.2015 and 10.06.2015 (Annexures A and B). At admission, after argument, counsel for the petitioners sought leave to withdraw; considering the Supreme Court decision in Duro Felguera S.A. v. Gangavaram Port Ltd., (2017) 9 SCC 729, the Court dismissed the petition as withdrawn, reserving liberty to the petitioners to issue fresh notice invoking the arbitration clause based upon the two different agreements, and kept all contentions open; pending application(s), if any, do not survive. No finding on the merits of arbitrator appointment was made.

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NC: 2026:KHC:14666 CMP No. 299 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.299 OF 2025

BETWEEN:

MRS. VANITA SUDHIR DOGRA W/O SUDHIR DOGRA, AGED ABOUT 57 YEARS CURRENTLY RESIDING AT M5011, MARVEL ZEPHYR, BEHIND EON IT PARK, OFF GRANT ROAD, KHARADI, PUNE - 411014.

MR. ANEEKET SUDHIR DOGRA S/O SUDHIR DOGRA AGED ABOUT 33 YEARS CURRENTLY RESIDING AT M5011, MARVEL ZEPHYR, BEHIND EON IT PARK, OFF GRANT ROAD, KHARADI, PUNE - 411014.

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

…PETITIONERS

(BY SRI. HARSHAVARDHAN B SHARMA, ADVOCATE)

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NC: 2026:KHC:14666 CMP No. 299 of 2025

HC-KAR

AND:

M/S EXPAT PROJECTS AND DEVELOPMENTS PVT. LTD. REPRESENTED BY ITS MANAGING DIRECTOR PRESENTLY HAVING ITS REGISTERED OFFICE AT NO. 01, A WING, 3^RD FLOOR, CARLTON TOWERS, OLD AIRPORT ROAD, BENGALURU - 560008.

…RESPONDENT

(BY SMT. NIYATHI M., ADVOCATE)

THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF CLAUSE 25 OF THE TOKEN RECEIPT AGREEMENT DATED 19.01.2015 AND CLAUSE 25 OF THE TOKEN RECEIPT AGREEMENT DATED 10.06.2015 AT ANNEXURE-A AND B RESPECTIVELY FOR RESOLUTION OF DISPUTE ARISING BETWEEN THE PARTIES IN ACCORDANCE WITH LAW.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:14666 CMP No. 299 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

After arguing the matter for some time, learned counsel appearing for the petitioners seeks leave of the Court to withdraw the petition with liberty to issue fresh notice to the respondent seeking invocation of the Arbitration Clause based upon two different agreements.

In that view of the matter, taking into consideration the Judgment of the Hon'ble Supreme Court in the case of M/S. DURO FELGUERA S.A. Vs. M/S. GANGAVARAM PORT LIMITED reported in (2017) 9 SCC 729, reserving liberty to the petitioners as prayed above, the Civil Miscellaneous Petition is dismissed as withdrawn. All contentions of the parties are kept open.

Pending application if any, does not survive for

consideration.

SD/(E.S.INDIRESH) JUDGE

sac

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