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