Aurus Hospitality Vs Mehmood Ayaz

PRESTIGE RETAIL VENTURES LIMITED REPRESENTED THROUGH ITS AUTHORIZED SIGNATORY, HAVING ITS OFFICE AT PRESTIGE FALCON TOWERS, NO.19 BRUNTON ROAD, BENGALURU 560 025

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…RESPONDENTS

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(BY SRI.CHETHANA KUMARI N - ADV. FOR R.1; SRI NISHAN G K - ADVOCATE FOR R.2)

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CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A RETIRED HIGH COURT JUDGE, AS THE SOLE ARBITRATOR TO ADJUDICATE ALL CLAIMS AND DISPUTES BETWEEN THE PARTIES HEREIN ARISING OUT OF CLAUSE 14 OF THE LEASE DEED DATED 21.10.2022 (ANNEXURE-C) IN ACCORDANCE WITH THE PROVISIONS OF PROCEDURE OF THE ARBITRATION AND CONCILIATION ACT, 1996.

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IN CMP NO. 370/2025

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BETWEEN:

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AURUS HOSPITALITY REPRESENTED BY MR. KISHAN AGARWAL, UNIT OF DHABA EST.1986, (DELHI & SLYGRANNY) HOUSE NO.43A, KALICHARAN BHARTI COMPLEX, GNB ROAD, AMBARI, GUWAHATI- 781 001

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KISHAN AGARWAL S/O SATYA NARAYAN AGARWAL, AGED : MAJOR

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RESIDING AT HOUSE NO. 106/1, 3RD CROSS, 12TH MAIN, LAUGHING WATER, RAMAGONDAMAHALLI, BENGALURU 560 066

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...PETITIONERS

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(BY SRI. KISHORE KUMAR.,ADVOCATE)

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3 - NC: 2026:KHC:22507 CMP No. 369 of 2025 C/W CMP No. 370 of 2025

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HC-KAR

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AND:

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MEHMOOD AYAZ AGED MAJOR R/A FLAT NO.805, PRESTIGE EXOTICA, CUNNINGHAM ROAD, BENGALURU - 560 052

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PRESTIGE RETAIL VENTURES LIMITED REPRESENTED THROUGH ITS AUTHORIZED SIGNATORY, HAVING ITS OFFICE AT : PRESTIGE FALCON TOWERS, NO. 19 BRUNTON ROAD, BENGALURU - 560 025

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...RESPONDENTS

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(BY SRI. CHETHANA KUMARI N.,ADVOCATE FOR R.1; SRI NISHAN G.K. - ADV. FOR R2)

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CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO APPOINT A RETIRED HIGH COURT JUDGE, AS THE SOLE ARBITRATOR TO ADJUDICATE ALL CLAIMS, AND DISPUTES BETWEEN THE PARTIES THEREIN ARISING OUT OF CLAUSE NO.14 OF THE LEASE DEED DATED 21.10.2022 (ANNEXURE - C) IN ACCORDANCE WITH THE PROVISIONS OF PROCEDURE OF THE ARBITRATION AND CONCILIATION ACT, 1996.

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THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

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4 - NC: 2026:KHC:22507 CMP No. 369 of 2025 C/W CMP No. 370 of 2025

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HC-KAR

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ORAL ORDER

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Heard the learned counsel appearing for the parties.

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In these petitions, the petitioners have sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in terms of Clause 14 of the Lease Deed dated 21.10.2022, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’).

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Having taken note of the submissions made by the learned counsel appearing for the parties and upon perusal of Clause 14 of the Lease Deed dated 21.10.2022, I am of the considered opinion that, a Arbitrator is to be appointed to adjudicate the dispute between the parties.

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Accordingly, the petitions under Section 11 (6) of the Act, 1996 are allowed. Hon'ble Sri.Justice Ramachandra D Huddar, Former Judge, High Court of Karnataka is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Arbitration Centre.

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5 - NC: 2026:KHC:22507 CMP No. 369 of 2025 C/W CMP No. 370 of 2025

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HC-KAR

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All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.

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A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter.

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Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.

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Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 05.06.2026 at 11.00 am, without waiting for further notice in this regard. Petitions are disposed of in the aforesaid terms.

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SD/- (E.S.INDIRESH) JUDGE

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RS/List No.: 2 Sl No.: 25

Aurus Hospitality v. Mehmood Ayaz

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Aurus Hospitality v. Mehmood Ayaz

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