Karnataka High Court
Green Ocean Realty Llp vs O B Esha on 12 September, 2025
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NC: 2025:KHC:36279
CMP No. 366 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
CIVIL MISC. PETITION NO.366 OF 2025
BETWEEN:
1. GREEN OCEAN REALTY LLP
A LIMITED LIABILITY PARTNERSHIP
HAVING ITS OFFICE AT
3RD FLOOR, NO.33,
SHRAVANEE PREMIER, 100 FEET ROAD,
2ND BLOCK, JAYANAGAR,
BENGALURU 560011.
REPRESENTED BY ITS
DESIGNATED PARTNER,
MR. PRATAP VIJAY SIMHA.
...PETITIONER
(BY SRI. KASHYAP N. NAIK, ADVOCATE)
AND:
Digitally signed by 1. O B ESHA
SHARMA ANAND
CHAYA AGED ABOUT 54 YEARS,
Location: HIGH SON OF LATE MR. BASAVARAJAPPA,
COURT OF
KARNATAKA RESIDING AT SANGAMESHWARA NILAYA,
SANJEEVINI BATIK CENTRE,
HEBBAKA ROAD,
OORUKERE ,
TUMKUR - 572 106.
2. MR. PRAJWAL
SON OF O B ESHA,
AGED ABOUT 20 YEARS,
RESIDING AT OORUKERE POST,
KASABA HOBLI,
OORUKERE, TUMKURU,
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NC: 2025:KHC:36279
CMP No. 366 of 2025
HC-KAR
KARNATAKA - 572 106.
3. MS. PRARTHANA
DAUGHTER OF O B ESHA,
AGED ABOUT 28 YEARS,
RESIDING AT OORUKERE POST,
KASABA HOBLI,
OORUKERE, TUMKURU,
KARNATAKA - 572 106.
...RESPONDENTS
(BY SRI. KASHINATH J.D., ADVOCATE FOR R1;
V/O DATED 12.09.2025 R2 AND R3 ARE DELETED)
THIS CMP IS FILED UNDER SEC.11(6) OF ARBITRATION
AND CONCILIATION ACT., 1996., PRAYING TO APPOINT
HON'BLE MR.V.V. ANGADI (RETD. DISTRICT JUDGE), OR ANY
OTHER PERSON THAT THIS HONBLE COURT MAY DEEM FIT, AS
THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT
HAVE ARISEN BETWEEN THE PARTIES IN TERMS OF CLAUSE
NO.10.2 OF THE AGREEMENT 16.03.2024 AT ANNEXURE - A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the parties.
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 -3- NC: 2025:KHC:36279 CMP No. 366 of 2025 HC-KAR Agreement dated 16.03.2024 (Annexure-A) in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act').
2. Having taken note of the submissions made by the learned counsel appearing for the parties and upon perusal of Clause 10.2 of the Agreement, I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties.
3. Accordingly, this petition under Section 11 (6) of the Act, 1996 is allowed. Sri. M.S. Balakrishna, Retired District Judge is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre.
4. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal. -4-
NC: 2025:KHC:36279 CMP No. 366 of 2025 HC-KAR
5. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter.
6. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.
7. 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 Arbitration and Conciliation Centre on 13.10.2025 at 11 am, without waiting for further notice in this regard.
Sd/-
(E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 11