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2022 Supreme(Online)(Kar) 53174

M/S M N ENTERPRISES – Appellant
Versus
M/S NOVUS AND BERRYS INDIA – Respondent


The petitioner is before this Court, in the subject petition,

seeking nomination and appointment of a retired Judge of this

Court as sole Arbitrator, to arbitrate and adjudicate upon the

dispute between the parties to the lis.

2. Heard the learned counsel Sri Vivek Holla appearing for

the petitioner and the learned senior counsel Smt. Lakshmi

Iyengar representing respondent No.1.

3. Brief facts leading to the filing of the present petition, as

borne out from the pleadings, are as follows:-

The petitioner claims to be a partnership firm incorporated

under the provisions of the Partnership Act, 1932 and is

engaged in the business of a Multi-cuisine Family Bar and

Restaurant. A lease deed came to be executed by Mr. Jaideep L

and Mr. Pradeep L in favour the petitioner in respect of property

bearing No.82/4B situated in Doddakannalli village, Varthur

Hobli, Bangalore (schedule property9 for short) for a period of 11

4

years. On 14-10-2016 the petitioner executed a lease deed in

favour of the 1st respondent firm sub-leasing the schedule

property consisting of lease hold land, building premises along

with car parking space for a period of 10 years and put the 1st

respondent in possessio

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