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2026 Supreme(Online)(Kar) 25029

THE HIGH COURT OF KARNATAKA
E.S.INDIRESH
MEENA BAZAAR – Appellant
Versus
MOHAMMED AMIN ABUBAKER – Respondent
CMP 94/2023



##PAGE1##

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NC: 2026:KHC:23358

CMP No. 94 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

CIVIL MISC. PETITION NO. 94 OF 2023

BETWEEN:

MEENA BAZAAR

A PROPRIETORSHIP FIRM,

HAVING ITS OFFICE AT

A1/15M SAFDARJUNG ENCLAVE,

NEW DELHI 1100029,

REPTD. BY ITS AUTHORISED REPRESENTATIVE

RAJINDER PAL GROVER,

SON OF LATE SH. KHAIRATI RAM GROVER,

R/O FLAT NO 202, BLOCK 4, GLOBAL HEIGHTS,

SECTOR 33, GURUGRAM, HARYANA,

AGED ABOUT 64 YEARS.

…PETITIONER

(BY SRI. SUSHIL KUMAR TERIV, ADVOCATE)

AND:

Digitally signed by

CHAYA S A 1. MOHAMMED AMIN ABUBAKER

Location: HIGH S/O LATE ABOO BAKER,

COURT OF

R/O 98/11, WHEELEERS ROAD, EXTENTION,

KARNATAKA

COOKE TOWN, BANGALORE 560005

2. AQEEL ZACKRIA

S/O LATE ZACKRIA YUSUF,

R/O 10/1, BENSON CROSS ROAD,

BENSON TOWN,

BANGALORE 560046

…RESPONDENTS

(BY ARUN KUMAR K. SR,COUNSEL FOR SRI. SUNDARA RAMAN

M V.,ADVOCATE)

##PAGE2##

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NC: 2026:KHC:23358

CMP No. 94 of 2023

HC-KAR

CIVIL MISC. PETITION UNDER SECTION 11(6) OF THE

ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT

THIS HONBLE COURT MAY BE PLEASED TOI. TO APPOINT AN

ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE

PETITIONERS AND THE RESPONDENTS CONNECTION WITH

ANNEXURE B THE LEAVE AND LICENCE AGREEMENT DATED

07/05/2013 AT CLAUSE NO. 28.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

Heard Sri Sushil Kumar Teriv, the learned counsel

appearing for the petitioner and Sri Arun Kumar K,

learned senior counsel appearing on behalf of Sri Sundara

Raman M.V., learned counsel for the respondents.

2. In this petition, the petitioner has sought for

appointment of an Arbitrator to adjudicate the disputes

that have arisen between the parties in relation to the

Leave and License Agreement dated 07.05.2013 at Clause

No. 28, in accordance with the provisions of the Arbitration

and Conciliation Act, 1996 (hereinafter referred to as the

‘Act’).

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NC: 2026:KHC:23358

CMP No. 94 of 2023

HC-KAR

3. It is contended by the learned counsel

appearing for the petitioner by referring to Clause 28 of

the Leave and License Agreement dated 07.05.2013 at

Annexure-B, that, the appointment of an Arbitrator is

necessitated for resolving of the dispute between the

parties.

4. Per contra, Sri Arun Kumar K, learned senior

counsel appearing on behalf of the respondents, opposed

the petition and disputed the Leave and License

Agreement dated 07.05.2013 at Annexure-B and sought

for dismissal of the petition.

5. Having taken note of the submissions made by

the learned counsel appearing for the parties and upon

perusal of Clause 28 of the Leave and License Agreement

dated 07.05.2013, I am of the considered opinion that, an

Arbitrator is to be appointed to adjudicate the dispute

between the parties.

##PAGE4##

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NC: 2026:KHC:23358

CMP No. 94 of 2023

HC-KAR

6. Accordingly, this petition under Section 11 (6)

of the Act, 1996 is allowed. Hon'ble Sri. Justice

RAJENDRA M BADAMIKAR, Former Judge, High Court of

Karnataka, is appointed to enter into the said reference of

Arbitration and act as Sole Arbitrator in the present case in

the Arbitration and Conciliation Centre, Bengaluru, as per

the Rules governing the said Arbitration Centre.

7. All claims and contentions of any of the parties

are kept open to be decided by the Arbitral Tribunal.

8. A copy of this order be sent forthwith to the

Arbitration and Conciliation Centre, Khanija Bhavan,

Bengaluru, for proceeding further in the matter.

9. Registry is directed to return all original

documents produced by any of the parties if any, after

obtaining Photostat copies of the same.

10. 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

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NC: 2026:KHC:23358

CMP No. 94 of 2023

HC-KAR

Arbitration and Conciliation Centre on 11.05.2026 at

11.00 am, without waiting for further notice in this

regard.

SD/-

(E.S.INDIRESH)

JUDGE

HR

List No.: 2 Sl No.: 15

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