IN THE HIGH COURT OF KARNATAKA AT BENGALURU
NC: 2026:KHC:26150
CMP No. 409 of 2025
DATED THIS THE 3RD DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
CIVIL MISC. PETITION NO. 409 OF 2025
BETWEEN:
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
AND
M/S HEMANTH HOMES PVT LTD
STILT FLOOR, ROOM NO.2,
AKHITAAN COMPLEX, NO. 1, ITPL MAIN ROAD,
KUNDLAHALLI BANGALORE-560037.
…PETITIONER
(BY SRI. KRISHNA NAIK., ADVOCATE)
AND:
1. G VENKATADRI
S/O G VENKAIAH
AGED ABOUT 56 YEARS
R/AT NO.700, 6TH CROSS,
FERNS PARADISE, DODDANEKUNDI,
BANGALORE EAST TALUK,
BANGALORE560 037.
2. 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.
3. MR.R.V CHETAN KUMAR REDDY
S/O LATE RAMI REDDY LAKSHMI NARAYANA
REDDY
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).
4. GODUGULURI VENKATADRI,
S/O G. VENKAIAH,
AGED ABOUT 55 YEARS,
R/AT NO. 13, 4TH CROSS,
SHIVALINGAIAH COLONY, MURGESHPALYA,
BENGALURU 560017.
…RESPONDENTS
(R1 SERVED;
VIDE ORDER DATED 09.01.2026 R2 TO R4 DELETED)
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.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
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 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 cause thereafter.
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