Karnataka High Court
Green Ocean Realty Llp vs O B Esha on 9 September, 2025
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NC: 2025:KHC:35565
CMP No. 51 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
CIVIL MISC. PETITION NO. 51 OF 2025
BETWEEN:
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 - 560 011
REPRESENTED BY ITS DESIGNATED PARTNER
MR. PRATAP VIJAY SIMHA E.
...PETITIONER
(BY SRI. VIVEK B.R., ADVOCATE)
AND:
O B ESHA
Digitally signed by
AGED ABOUT 54 YEARS,
SHARMA ANAND
CHAYA
S/O LATE MR.BASAVARAJAPPA
Location: HIGH RESIDING AT SANGAMESHWARA NILAYA,
COURT OF
KARNATAKA SANJEEVINI BATIK CENTRE
HEBBALA ROAD, OORUKERE
TUMKUR - 572 106
...RESPONDENT
(BY SRI. KASHINATH J.D., ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(6) OF THE
ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO
APPOINT HONBLE 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
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NC: 2025:KHC:35565
CMP No. 51 of 2025
HC-KAR
TERMS OF CLAUSE 12.2 OF THE AGREEMENT TO SELL DATED
16.03.2025 (ANNEXURE A) HEREIN.
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 learned counsel appearing for the parties.
2. This petition filed by the petitioner seeking appointment of Arbitrator to decide the dispute that has arisen between the parties as per the provisions of the Arbitration and Conciliation Act, 1996 under Clause-12.2 of Agreement to Sell dated 16.03.2024 at Annexure-A.
3. Having heard the learned counsel for the petitioner and on perusal of Clause-12.2 of the Agreement to Sell dated 16.03.2024 (Annexure-A), I am of the view that, the petitioner has made out a case for appointment of Arbitrator for resolution of the dispute between the parties.
4. In that view of the matter, Justice Sri.Sreenivas Harish Kumar, former Judge of this Court, is appointed as Sole Arbitrator for resolution of the dispute between the parties. Since the parties are represented through their counsel, in -3- NC: 2025:KHC:35565 CMP No. 51 of 2025 HC-KAR order to avoid further delay in matter, the parties are directed to appear before Arbitration and Conciliation Centre, Bengaluru on 30.10.2025 at 11 a.m. Accordingly, Civil Miscellaneous Petition is disposed of.
5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.
6. 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.
7. Registry is directed to return all original documents produced by the parties after obtaining photostat copy of the same.
SD/-
(E.S.INDIRESH) JUDGE TIN List No.: 1 Sl No.: 24 CT-SG