Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 sought appointment of a sole arbitrator under clause 21 of a civil contract agreement dated 05.10.2023. The court found the respondents were not parties to the agreement, which did not identify them by address, and dismissed the petition.
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NC: 2026:KHC:14780 CMP No. 723 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION No. 723 OF 2025
BETWEEN:
MR. ANINDYA DUTTA SON OF SUSHIL KUMAR DUTTA AGED ABOUT 51 YEARS RESIDING AT PLOT No. 212 PHASE-I, PALM MEADOWS WHITEFIELD VILLAGE K.R. PURAM HOBLI BENGALURU - 560 066. ALSO AT: No. 3501, T6 L AND T CRESCENT BAY PAREL, MUMBAI- 400 012. …PETITIONER
(BY SRI NEERAJ SASTRY, ADVOCATE)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
AND:
NC: 2026:KHC:14780 CMP No. 723 of 2025
HC-KAR
HRBR LAYOUT, 1ST BLOCK HRBR LAYOUT, KALYAN NAGAR BENGALURU - 560 043.
ALSO AT: No. 3501, T6, L AND T CRESCENT BAY PAREL, MUMBAI- 400 012.
…RESPONDENTS
(BY SMT. NIYATHI M, ADVOCATE)
THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO APPOINT MR. GAURAV RAMAKRISHNA, ADVOCATE OR ANY ADVOCATE AS SOLE ARBITRATOR AND REFER THE DISPUTES BETWEEN THE PARTIES TO ARBITRATION IN TERMS OF CLAUSE 21 OF THE CIVIL CONTRACT AGREEMENT DATED 05.10.2023 (ANNEXURE A).
THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Arbitration and Conciliation Act, 1996, (hereinafter referred to as `the Act’) seeking appointment of Arbitrator
NC: 2026:KHC:14780 CMP No. 723 of 2025
HC-KAR
in terms of clause 21 of the Agreement dated 05.10.2023
(Annexure – A).
“ M/s. FABDIZ, Interior and Construction,
OAB : AAHF19133P Having its registered the office : Bangalore Represented by its Authorised Signatory : Mr. Hemanth,
not identity through their address, I am of the view that,
NC: 2026:KHC:14780 CMP No. 723 of 2025
HC-KAR
no interference is called for. Accordingly, the Civil
Miscellaneous Petition is dismissed.
Sd/(E.S.INDIRESH) JUDGE
LRS
List No.: 1 Sl No.: 41
1 issue framed by the court
Whether an arbitrator can be appointed under Section 11(5) where the respondents are not shown to be parties to the arbitration agreement.
1 provisions across 1 enactments
Mr. Anindya Dutta
M/s Fabdiz Private Limited
Mrs. Sheebu David
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
