M/S Hemanth Homes Pvt. Ltd. v. G Venkatadri

Karnataka HC3 Jun 2026CMP/409/2025

Case brief

AI extract

What is this about?

Appointment of arbitrator; Section 11(5) Arbitration and Conciliation Act, 1996; Section 21 pre-referral notice; Section 9 proceedings; Joint Development/Joint Agreement dated 26.11.2004 (Annexure-D), arbitration clause at para 21. Parties: M/s Hemanth Homes Pvt Ltd (petitioner, adv. Sri Krishna Naik) v. G Venkatadri and others (respondents 2-4 deleted 09.01.2026). Disposition: petition disposed of with liberty to issue Section 21 notice and approach again if cause survives; no arbitrator appointed. Bench: B M Shyam Prasad J. (sole author).

What did the court decide?

Liberty to the petitioner to cause notice to the respondent under Section 21 of the Act and to file a petition if there is a cause thereafter; no arbitrator appointed by this order. ¶¶39

M/S Hemanth Homes Pvt. Ltd. Vs G Venkatadri — Arbitration | Karnataka HC (2026)

¶1

¶2

NC: 2026:KHC:26150 CMP No. 409 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 3^RD DAY OF JUNE, 2026

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

¶8

CIVIL MISC. PETITION NO. 409 OF 2025

¶9

BETWEEN:

¶10

M/S HEMANTH HOMES PVT LTD HAVING ITS TEMPORARY OFFICE AT NO.688, 4 C MAIN ROAD, OMBR LAYOUT, BANGALORE 560 043. REPT BY ITS MANAGING DIRECTOR D.HEMANTH KUMAR A. SRINIVAS REDDY

¶11

AND

¶12

Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

¶13

M/S HEMANTH HOMES PVT LTD STILT FLOOR, ROOM NO.2, AKHITAAN COMPLEX, NO. 1, ITPL MAIN ROAD, KUNDLAHALLI BANGALORE-560037.

¶14

…PETITIONER

¶15

(BY SRI. KRISHNA NAIK., ADVOCATE)

¶16

AND:

¶17

G VENKATADRI S/O G VENKAIAH

¶18

¶19

NC: 2026:KHC:26150 CMP No. 409 of 2025

¶20

HC-KAR

¶21

AGED ABOUT 56 YEARS R/AT NO.700, 6^TH CROSS, FERNS PARADISE, DODDANEKUNDI, BANGALORE EAST TALUK, BANGALORE560 037.

¶22

MR. YERRAGUNTA SUSHATH REDDY S/O LATE YERRAGUNTA SREENIVASULU REDDY AGED ABOUT 25 YEARS R/AT NO.D3, BLOCK-1, SAMHITHA GREEN OAKS, 4TH A CROSS, KAGGADASAPURA MAIN ROAD, C.V RAMAN NAGAR, BANGALORE 560 093.

¶23

MR.R.V CHETAN KUMAR REDDY S/O LATE RAMI REDDY LAKSHMI NARAYANA REDDY

¶24

AGED ABOUT 43 YEARS, R/AT NO.D4, BLOCK-1, SAMHITHA GREEN OAKS, 4TH A CROSS, KAGGADASAPURA MAIN ROAD, C.V RAMAN NAGAR, BANGALORE 560 093. (GPA HOLDER OF YERRAGUNTA SUSHATH REDDY).

¶25

GODUGULURI VENKATADRI, S/O G. VENKAIAH, AGED ABOUT 55 YEARS, R/AT NO. 13, 4^TH CROSS, SHIVALINGAIAH COLONY, MURGESHPALYA, BENGALURU 560017.

¶26

…RESPONDENTS

¶27

(R1 SERVED;

¶28

3 - NC: 2026:KHC:26150 CMP No. 409 of 2025

¶29

HC-KAR

¶30

VIDE ORDER DATED 09.01.2026 R2 TO R4 DELETED)

¶31

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF ARBITRATION AND CONCILIATION ACT., PRAYING TO APPOINT AN ARBITRATOR IN RELATION TO THE JOINT DEVELOPMENT AGREEMENT DATED 26.11.2004 FOUND AT ANNEXURE D AT THE PETITION IN PURSUANCE OF CLAUSE IN PARA 21 OF THE SAID JOINT DEVELOPMENT AGREEMENT DATED 26.11.2004 FOR RESOLUTION OF THE DISPUTE.

¶32

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

¶33

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

¶34

ORAL ORDER

¶35

The petitioner has filed this petition for appointment of a sole arbitrator/an arbitral panel relying upon the agreement for arbitration as contained in the Joint Agreement dated 26.11.2004 [ Annexure-D ] to conduct proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 [for short, ‘the Act’ ], but the petitioner has not caused any notice inviting the respondent concerned for

¶36

¶37

NC: 2026:KHC:26150 CMP No. 409 of 2025

¶38

HC-KAR

¶39

appointment of an arbitral panel/arbitrator. Hence, the petition stands disposed of with liberty to the petitioner to cause notice to the respondent under Section 21 of the Act and file a petition if there is a

¶40

cause thereafter.

¶41

Sd/(B M SHYAM PRASAD) JUDGE

¶42

SA Ct:sr

M/S Hemanth Homes Pvt. Ltd. v. G Venkatadri

Case brief

What is this about?

What did the court decide?

M/S Hemanth Homes Pvt. Ltd. v. G Venkatadri

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt. Anusuya Vs Chief Officer

M/S Ecube Media Pvt. Ltd. Vs the Principal Commissioner of Central GST and Central Excise

M/S Nexus It World Vs the Assistant Commissioner of Commercial Taxes

Ms Priyadharashini Vs M/S Patel Engineering Limited

Cropnosys (India ) Private Limited Vs Shrisannidh Trading Company

Mr Rosh M Alex Vs Mrs Lakshmi Devi B R