MRS KUCHIBHOTLA MYTHILEE RAO vs. SMARTOWNER SERVICES INDIA PRIVATE LIMITED

- 1 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 13 DAY OF FEBRUARY, 2026


BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI


CIVIL MISC. PETITION NO. 202 OF 2024

C/W

CIVIL MISC. PETITION NO. 204 OF 2024

CIVIL MISC. PETITION NO. 205 OF 2024

CIVIL MISC. PETITION NO. 208 OF 2024

CIVIL MISC. PETITION NO. 209 OF 2024

CIVIL MISC. PETITION NO. 271 OF 2024

CIVIL MISC. PETITION NO. 300 OF 2024

CIVIL MISC. PETITION NO. 304 OF 2024

CIVIL MISC. PETITION NO. 312 OF 2024

CIVIL MISC. PETITION NO. 317 OF 2024
Digitally
signed by
SUNITHA K S
Location:
HIGH COURT
OF
KARNATAKA

CIVIL MISC. PETITION NO. 322 OF 2024
CIVIL MISC. PETITION NO. 326 OF 2024

CIVIL MISC. PETITION NO. 330 OF 2024
CIVIL MISC. PETITION NO. 331 OF 2024
CIVIL MISC. PETITION NO. 332 OF 2024
CIVIL MISC. PETITION NO. 333 OF 2024
CIVIL MISC. PETITION NO. 353 OF 2024
CIVIL MISC. PETITION NO. 375 OF 2024
CIVIL MISC. PETITION NO. 413 OF 2024
CIVIL MISC. PETITION NO. 375 OF 2025



- 2 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


IN CMP No. 202/2024
BETWEEN:

MRS. KUCHIBHOTLA MYTHILEE RAO
W/O SRI KUCHIBHOTLA SURYANARAYANA RAO,
AGED ABOUT 54 YEARS,
RESIDING AT A12-102,
SHRIRAM CHIRPING WOODS
HARALUR ROAD,
KASAVANAHALLI
BANGALORE - 560102.
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD, BENGALURU - 560066.

4. HILLSBOROUGH PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS


- 3 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE
FOR R1
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5
SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
V/O DATED 24.10.2025 SERVICE OF NOTICE IN R/O R4 H/S)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 12.11.2018 AT
ANNEXURE-A.


IN CMP No. 204/2024

BETWEEN:


MRS. TINY SHAJI
W/O SRI SHAJI ANTONY
AGED ABOUT 55 YEARS
R/AT C-602, VASWANI PINNACLE


- 4 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


WHITEFIELD MAIN ROAD
BENGALURU – 560 066.
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD, BENGALURU - 560066.

4. WATERBURY PROPERTIES LLP
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,


- 5 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE
FOR R1
V/O DATED 16.02.2024 SRI. SURAJ, ADVOCATE FOR R1(VK
NOT FILED)
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5
SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
V/O DATED 24.10.2025 SERVICE OF NOTICE IN R/O R4 H/S)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 23.03.2018 AT
ANNEXURE-A.


IN CMP No. 205/2024

BETWEEN:

MRS. SAMEENA PRAVEEN
W/O RIZWAN AHMED
AGED ABOUT 56 YEARS
RD
R/AT No.10, 3 FLOOR
MUNESHWARA TEMPLE STREET
COLES ROAD CROSS
FRAZER TOWN
BANGALORE – 560 005
REP. BY HER SPA HOLDER RIZWAN AHMED
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)


- 6 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD, BENGALURU - 560066.

4. ANTIOCH PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS




- 7 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE
FOR R1
V/O DATED 16.02.2024 SRI. SURAJ, ADVOCATE FOR R1(VK
NOT FILED)
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5
SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
V/O DATED 24.10.2025 SERVICE OF NOTICE TO R4 IS H/S)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 11.06.2019 AT
ANNEXURE-B.


IN CMP No. 208/2024

BETWEEN:

MRS. DIPANWITA JAKKULA
W/O MR. GANGA PRASAD JAKKULA
AGED ABOUT 46 YEARS
R/AT F 6, JANHAVI MEADOWS
YELEHAHALLI
BANGALORE – 560 068
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,


- 8 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


WHITEFIELD,
BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD,
BENGALURU - 560066.

4. HILLSBOROUGH PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE
FOR R1
V/O DATED 16.02.2024 SRI. SURAJ, ADVOCATE FOR R1(VK
NOT FILED)
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5
SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2


- 9 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
V/O DATED 24.10.2025 SERVICE OF NOTICE TO R4 IS H/S)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 05.11.2018 AT
ANNEXURE-A.


IN CMP No. 209/2024

BETWEEN:


MR. MOHAMMED SADIQ SOHAIL
S/O MOHAMMED YAKOOB
AGED ABOUT 64 YEARS
R/AT No. Appellate Tribunal 2C, ARCOT VILLA
No.18, MOSQUE ROAD, FRAZER TOWN
BANGALORE
KARNATAKA 560 005
REPRESENTED BY HIS POA HOLDER RIZWAN AHMED
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD,
BENGALURU - 560 066.



- 10 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD, BENGALURU - 560066.

4. HILLSBOROUGH PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE
FOR R1
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5
SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
R4 SERVED)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE


- 11 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 1905.2019 AT
ANNEXURE-B.

IN CMP No. 271/2024
BETWEEN:

SMT. RASHMILATA MISHRA
W/O. SRI. MANOHAR LAL MISHRA,
AGED ABOUT 66 YEARS,
RESIDING AT A-39, MURLI KUNCJ
PANI TANKI KE PASS
SONGANGA COLONY, SEEPTA ROAD, BILASPUR,
CHATTISHGARH - 495 001.
REP. BY HER POA HOLDER PHALGUN MADDALI,
S/O. SRI. MADDALI VENKATA SATYA APPA RAO,
AGED ABOUT 40 YEARS,
RESIDING AT # 503, I MAIN ROAD,
VYSYA BANK COLONY,
SHANTINIKETAN LAYOUT,
AREKERE, BANGALORE – 560076
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,


- 12 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


HSR LAYOUT,
BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD, BENGALURU - 560066.

4. BLOOMINGTON PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE
FOR R1
V/O DATED 16.02.2024 SRI. SURAJ, ADVOCATE FOR R1 (VK
NOT FILED)
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5
SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
V/O DATED 24.10.2025 SERVICE OF NOTICE TO R4 IS H/S)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A


- 13 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 23.05.2018 AT
ANNEXURE-B.

IN CMP No. 300/2024
BETWEEN:

MR. MERVYN ANTONY,
S/O. SRI ALBERT ANTHONY,
AGED ABOUT 37 YEARS,
RESIDING AT # NO. 11 HOLLY TRAIL,
HOPKINTON, MA 01748, USA.
REP. BY HIS SPA HOLDER
MR. RAMESH SAGERE,
S/O. LATE SRI. S.N. MURTHY
(SAGRE NARASIMHA MURTHY),
AGED ABOUT 59 YEARS,
TH
R/O. VAATAAPI, NO. 150 MAIN
BANASHANKARI 3RD STAGE, 4TH BLOCK
ND
2 PHASE, BANGALORE - 560 085.
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.



- 14 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD, BENGALURU - 560066.


4. HILLSBOROUGH PROPERTIES LLP,
REP. BY ITS BOARD OR DIRECTOR
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, &
SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED)
SRI. GIRI K, ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
R4 & R5 ARE SERVED)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 22.10.2018 AT
ANNEXURE-B.



- 15 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


IN CMP No. 304/2024
BETWEEN:

MR PHALGUN MADDALI,
S/O. SRI MADDALI VENKATA SATYA APPA RAO,
AGED ABOUT 40 YEARS,
RESIDING AT # 503, 1 MAIN ROAD,
VYSYA BANK COLONY,
SHANTINIKETAN LAYOUT,
AREKERE,
BANGALORE -560076.
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD,
BENGALURU - 560066.




- 16 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


4. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE
FOR R1
SRI. GIRI K, ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R4)


THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 21.06.2017 AT
ANNEXURE-A.

IN CMP No. 312/2024

BETWEEN:

MR. JAMES CHACKO
S/O LATE MR.N.A.CHACKO
AGED ABOUT 40 YEARS.
RESIDING AT VACANZA @EAST,
46 LENGKONG TUJOH, #04-24
BLOCK 46, SINGAPORE 417396
REP. BY HIS SPA HOKLER MR. AGNEW CHACKE
S/O LATE MR.N.A.CHACKO
AGED ABOUT 55 YEARS,
R/O. NO.3, NEW NO. 40,
GANGANMA TEMPLE ROAD,
BEHIND ST. MARY'S CHURCH,


- 17 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


GANGANMA CIRCLE, JALAHALLI
BENGALURU 560013.
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD, BENGALURU - 560066.


4. SPRINGDEW PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,


- 18 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, &
SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED)
SRI. GIRI K, & DEEPIKA M.S. ADVOCATES FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
R4 SERVED
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)


THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 11.09.2017 AT
ANNEXURE-B.


IN CMP No. 317/2024

BETWEEN:

SRI. ANAND IYER,
S/O MAHADEVA HALASYAM IYER,
AGED ABOUT 42 YEARS,
RESIDING AT # 477, GF-04,
TH
AJANTHA WONDER, 9 MAIN,
TH
5 STAGE, BEML LAYOUT,
RAJARAJESWARI NAGAR,
BANGALORE-560098.
....PETITIONER

(BY SRI. RAVI S K., ADVOCATE)



- 19 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. MAYO PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
TH TH
HAVING ITS REG. OFFICE AT 7 & 8 FLOOR,
DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI, VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066

4. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, &
SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED)
SRI. GIRI K, ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R4)



- 20 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 01.18.2019 AT
ANNEXURE-A.

IN CMP No. 322/2024

BETWEEN:

SMT. INDIRA MURTHY,
W/O.SRI KRISHNA MURTHY,
AGED ABOUT 68 YEARS
TH
RESIDING AT # 1334/1, 24 A MAIN,
TH
9 BLOCK, JAYANAGAR,
BENGALURU - 560 069.
REP. BY HER SPA HOLDER
MR. PRADEEP CL, S/O. LATE SRI. LOKESH CN.
AGED ABOUT 42 YEARS,
TH
R/O. NO.1031, 27 MAIN,
TH
9 BLOCK, JAYANAGAR
BANGALORE - 560 069.
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,


- 21 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD,
BENGALURU - 560066.

4. FREMONT PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE
FOR R1
SRI. GIRI K, ADVOCATE FOR R1 & R2 (VK NOT FILED IN R/O
R1)
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
R4 SERVED
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)


THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION


- 22 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 13.04.2019 AT
ANNEXURE-B.


IN CMP No. 326/2024

BETWEEN:

MR. AVNEESH ASHOK KUMAR ABROL,
S/O. SRI ASHOK KUMAR PRANNATH ABROL,
AGED ABOUT 35 YEARS,
RESIDING AT # ROW HOUSE NO 1,
CLUSTER 12, KUMAR CITY SOCIETY,
NEAR D MART, KALYANI NAGAR,
VADGAONSHERI, PUNE MAHARASHTRA-411014
REP. BY HIS SPA HOLDER
MR.RATHEESH RAVEENDRAN
S/O. SRI. K.RAVEENDRAN,
AGED ABOUT 49 YEARS,
R/O. D1-1003, GOLDEN PALMS APT,
GOLDEN PALMS ROAD,
K NARAYANAPURA,
BANGALORE - 560077
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.



- 23 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.
n
3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD,
BENGALURU - 560066.

4. RODEODRIVE PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE
FOR R1
SRI. GIRI K, ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
V/O DATED 24.10.2025 SERVICE OF NOTICE TO R4 IS H/S SRI.
SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION


- 24 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 07.06.2018 AT
ANNEXURE-B.


IN CMP No. 330/2024

BETWEEN:

SMT. SEEMA SHARMA,
WO SHRI VILAS SHARMA
AGED ABOUT 67 YEARS
RESIDING AT MAHIMA CHOWK,
JORAPARA, SARKANDS BIALLSPUR,
CHHUTISHGARH-495001.
REP. BY HER SPA HOLDER
MR. PHALGUN MADIDAILI.
S/O. VENKATA SATYA APPA RAO,
AGED ABOUT 41 YEARS,
R/O. #503, 1™ MAIN ROAD, VYSYA BANK COLONY.
SHANTINIKETAN LAYOUT,
AREKERE,
BANGALORE-560 076.
…PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD,
BENGALURU - 560 066.



- 25 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD,
BENGALURU - 560066.

4. WATERBURY PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE
FOR R1
SRI. GIRI K, ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
R4 SERVED
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION


- 26 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 02.02.2019 AT
ANNEXURE-B.

IN CMP No. 331/2024

BETWEEN:

SRI. HS DINESH.
S/O. SRI. HC SUNDARAMURTHY
AGED ABOUT 65 YEARS,
TH
RESIDING AT 610, 10 MAIN
COFFEE BOARD LAYOUT,
HEBBAL
BANGALORE-24,
PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,


- 27 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD,
BENGALURU - 560066.


4. RODEODRIVE PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE
FOR R1
SRI. GIRI K, ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)


THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 26.02.2019 AT
ANNEXURE-A.




- 28 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


IN CMP No. 332/2024

BETWEEN:

SMT. MANGALA PATIL,
D/O SRI. BAPUGOUDA,
AGED ABOUT 39 YEARS,
RESIDING AT # NEAR MILAN BAR,
AZAD ROAD, BIJAPUR.
KARNATAKA-586 101
REP. BY HER SPA HOLDER
MR. PRADEEP CL,
S/O. LATE SRI. LOKESH CN.
AGED ABOUT 42 YEARS.
TH TH
RO. NO.1031. 27 MAIN, 9 BLOCK.
JAYANAGAR
BANGALORE - 560 069.
...PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK


- 29 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD,
BENGALURU - 560066.

4. ANTIOCH PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, &
SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED)
SRI. GIRI K, ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
R4 SERVED
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)


THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 24.11.2018 AND
26.11.2018 AT ANNEXURE-B.




- 30 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


IN CMP No. 333/2024

BETWEEN:

EACCOUNTANTS SERVICES (INDIA) PRIVATE
LIMITED
REPRESENTED BY ITS BOARD OF DIRECTORS,
KRISHNA, PLOT 203, SECTOR 8, VASHI,
NAVI MUMBAI-400 703.
REP. BY HER SPA HOLDER
MR. SATYANARAYANA VENKATA NUNNA,
S/O. NUNNA NAGESHWARA RAO.
AGED ABOUT 53 YEARS,
R/O. FLAT NO 105, MY NEST KEERTHI REVERIA
TH
APARTMENT, 6 MAIN,
6 'G' CROSS, KAGGADASPURA,
BANGALORE-560069.
....PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK


- 31 -
NC: 2026:KHC:9426
CMP No. 202 of 2024
C/W CMP No. 204 of 2024
CMP No. 205 of 2024

HC-KAR
AND 17 OTHERS


RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD,
BENGALURU - 560066.

4. SPRINGDEW PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, &
SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED)
SRI. GIRI K, ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
R4 & R5 ARE SERVED)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 25.06.2017 AND
26.06.2017 AT ANNEXURE-B.

IN CMP No. 353/2024

BETWEEN:

SMT. KATTA LAKSHMI,


- 32 -
NC: 2026:KHC:9426
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HC-KAR
AND 17 OTHERS


W/O MR. KATTA SESHAIAH,
AGED ABOUT 55 YEARS
R/O AT # 127, USHODAYA ENCLAVE,
INDRA REDDY ALWYN COLONY,
MADEENAGUDA
HYDERABAD-500049.
REP. BY HIS SPA HOLDER
MR. RATHEESH RAVEENDRAN
S/O.SRI. K. RAVEENDRAN
AGED ABOUT 49 YEARS
R/O.NO.D1-1003, GOLDEN PALMS APT,
GOLDEN PALMS ROAD
K NARAYANAPURA,
BANGALORE - 560077
...PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT,
BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,


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AND 17 OTHERS


WHITEFIELD,
BENGALURU - 560066.

4. FREMONT PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, &
SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED)
SRI. GIRI K, ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
R4 SERVED
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 03.07.2017 AT
ANNEXURE-B.

IN CMP No. 375/2024
BETWEEN:

SRI. KAUSHIK SHANBOUG VIDURA PRASAD,
S/O. SRI. SHANBOUG VIDURA PRASAD,


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AGED ABOUT 35 YEARS,
RESIDING AT 44516 FENWICK DR,
CANTON, MI, 48188.
REPRESENTED BY ITS POA HOLDER,
SRI. VENKATA SATHYANARAYANA NUNNA,
S/O. NAGESWARA RAO,
AGED ABOUT 53 YEARS,
R/O. #B 105 KEERTHI RIVIERA APARTMENTS,
TH
6 G CROSS,
NEAR AISHWARIYA LAKEVIEW APARTMENTS,
KAGGADASAPURA,
BENGALURU - 560 093.
...PETITIONER

(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD,
BENGALURU - 560066.



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4. ANTIOCH PROPERTIES LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,
WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, &
SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED)
SRI. GIRI K, ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
R4 SERVED
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 27.01.2019 &
28.01.2019 ANNEXURE-B.


IN CMP No. 413/2024

BETWEEN:

SRI. ABHINEET SHRIVASTAVA,
S/O SHRIMOHAN SHRIVASTAVA,
AGED ABOUT 41 YEARS


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RESIDING AT FLAT NO.2F(3/4 BHK APARTMENTS),
SHALIMAR BAGH SOCIETY:
PUNDAG, RANCHI, JHARKHAND.
REP. BY HIS SPA HOLDER
MR. RATHEESH RAVEENDRAN
S/O.SRI. K.RAVEENDRAN
AGED ABOUT 49 YEARS, R/O.NO.D1-1003,
GOLDEN PALMS APT, GOLDEN PALMS ROAD,
K NARAYANAPURA, BANGALORE - 560077
...PETITIONER
(BY SRI. RAVI S K., ADVOCATE)

AND:

1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
OLD AIRPORT ROAD,
WHITEFIELD, BENGALURU - 560 066.

2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT
TH TH
151, 9 MAIN, 6 SECTOR,
HSR LAYOUT, BENGALURU - 560102.

3. STONEHILL PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS,
HAVING ITS REG. OFFICE AT SIGMA TECH PARK,
TH
8 FLOOR, DELTA BLOCK
RAMAGONDANAHALLI,
VARTHUR MAIN ROAD,
WHITEFIELD,
BENGALURU - 560066.

4. SPRINGEDEW PROPERTIES INDIA LLP,
REP. BY ITS DESIGNATED PARTNERS
TH
8 FLOOR, DELTA BLOCK SIGMA TECH PARK,
NEAR RAMAGONDANAHALLI VARTHUR,


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WHITEFIELD ROAD,
BANGALORE,
KARNATAKA, INDIA - 560066.

5. IMPERIAL DWELLINGS PRIVATE LIMITED
REP. BY ITS BOARD OF DIRECTORS,
HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,
EMBASSY DIAMANTE,
34 VITTAL MALLYA ROAD,
BENGALURU - 560001.
…RESPONDENTS


(BY SRI. SANTOSH S NAGARALE, & SRI. GIRI K., ADVOCATE
FOR R1 (JOINT VK FILED)
SRI. GIRI K, ADVOCATE FOR R2
SRI. CHANDRACHOODA R N., ADVOCATE FOR R3
R4 SERVED
SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE
PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A
SOLE ARBITRATOR UNDER THE ARBITRATION AND
CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE
MASTER SERVICE AGREEMENT DATED 10.11.2017 &
11.11.2017 ANNEXURE-B.


IN CMP No. 375/2025

BETWEEN:

MR. V RANGANATHAM
AGED ABOUT 66 YEARS
S/O MR. S VIJAYARAGHAVACHARI


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R/AT 3B, GRN KODIAYALAM, No.16
TH
5 STREET THIRUMURTHY NAGAR
NUNGAMBAKKAM
CHENNAI – 600034
...PETITIONER
(BY SRI. NIDHISHREE B.V., ADVOCATE)

AND:

M/S SMARTOWNER SERVICES INDIA PRIVATE
LIMITED
REGISTERED UNDER COMPANIES ACT, 2013
HAVING ITS REG. OFFICE AT
TH
8 FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
VARTHUR MAIN ROAD
WHITEFIELD,
BENGALURU - 560 066.
REPRESENTED BY ITS DIRECTOR.
…RESPONDENT


(BY SRI. SANTOSH S NAGARALE, ADVOCATE) (VK NOT FILED)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION
AND CONCILIATION ACT, 1996 PRAYING TO APPOINT THE
ARBITRAROR SUGGESTED AT PARAGRAPH 20 ABOVE, OR ANY
OTHER ARBITRATOR AS THIS HON’BLE COURT DEEMS PROPER,
AS THE SOLE ARBITRATOR UNDER CLAUSE 9 OF THE MASTER
SERVICE AGREEMENT (ANNEXURE-A-3) EXECUTED ON
27.07.2022 AND 02.08.2022 BETWEEN THE PARTIES
REFERRED TO SUPRA, FOR ADJUDICATION OF DISPUTES THAT
HAVE ARISEN BETWEEN THE PETITIONER AND THE
RESPONDENT TO BE CONDUCTED AT THE ARBITRATION
CENTER OF KARNATAKA AT BENGALURU IN ACCORDANCE
WITH THE ARBITRATION CENTRE.


THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:


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HC-KAR
AND 17 OTHERS



CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER


1. These Civil Miscellaneous petitions No.202, 204, 205,
208, 209, 271, 300, 304, 312, 317, 322, 326, 330,
331, 332, 333, 353, 375, 413, of 2024 are filed
under Section 11(6) of the Arbitration and
Conciliation Act, 1996 for the appointment of an
arbitrator to resolve the arbitral dispute between the
parties to the petition in terms of Article 11 of the
Master Service Agreement dated 12.11.2018,
23.03.2018, 05.11.2018, 21.06.2017, 01.08.2019,
26.02.2019, 11.03.2019, 19.05.2019, 23.05.2018,
22.10.2018, 11.09.2017, 01.08.2019, 13.04.2019,
07.06.2018, 02.02.2019, (24.11.2018 and
26.11.2018) (25.06.2017 and 26.06.2017),
03.07.2017, (27.01.2019 and 28.01.2019),
10.11.2017 and 11.11.2017 respectively, as per the


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AND 17 OTHERS


provisions of the Arbitration and Conciliation Act,
1996 and the Rules.

2. Brief facts, leading rise to the filing of these petitions
are as follows:

3. The Master Service Agreement was executed
between the petitioners and respondent No.1 on
12.11.2018, 23.03.2018, 05.11.2018, 21.06.2017,
01.08.2019, 26.02.2019, 11.03.2019, 19.05.2019,
23.05.2018, 22.10.2018, 11.09.2017, 01.08.2019,
13.04.2019, 07.06.2018, 02.02.2019, (24.11.2018
and 26.11.2018) (25.06.2017 and 26.06.2017),
03.07.2017, (27.01.2019 and 28.01.2019),
10.11.2017 and 11.11.2017 respectively.
Respondent No.1 executed a first supplementary to
Limited Liability Partnership Agreement along with
respondent Nos.2, 3 and the petitioners on
28.12.2018, 30.03.2019, 27.06.2019, 28.09.2018,
27.02.2020, 27.06.2019, 30.03.2019, 27.06.2019,
28.09.2018, 28.09.2018. Respondent No.4 is the


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Limited Liability Partnership whose operations are
governed by the respondent No.3. In CMP 304/2024-
respondent No.3 is the Limited Liability Partnership
whose operations are governed by the respondent
No.4 and respondent No.4 is the private limited
company. Respondent No.5 is the private limited
company, who is developing the project, in which the
investment is made by the petitioners. The
respondent Nos.2 to 5 are all the SPV (Special
Purpose Vehicles) and allied companies of respondent
No.1. The last payment of fixed quarterly payment
was made by the respondent companies on
10.04.2022, 08.04.2022. The tenure of first
supplementary to limited liability partnership
agreement dated 28.12.2023, 30.03.2024,
28.12.2018, 29.12.2023, 27.09.2023, 26.09.2023,
30.03.2019, 24.02.2024, 27.09.2023 was concluded
and the respondents were liable to make the terminal
payout.


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4. There is an arbitration clause in the Liability Limited
Partnership Agreement for resolving the arbitral
dispute arise out of the terms and conditions. The
arbitral dispute arose between the petitioners and
respondents. The petitioners invoked an arbitration
clause by issuing arbitration notice dated
25.01.2024, 15.02.2024, 29.01.2024, 30.01.2024,
06.02.2024, 17.02.2024, 24.02.2024, 12.02.2024,
30.01.2024, 16.02.2024, 29.01.2024, 07.08.2024
and 02.04.2024 under Section 21 of the Arbitration
and Conciliation Act, 1996. Respondent No.1 replied
to the arbitration notice. In CMP Nos.304, 322, 326,
330, 332, 333, 353, 375, 413/2024, the respondents
have not replied to the arbitration notice. Hence,
these petitions and accordingly, prays to allow the
petitions.

5. Respondent No.1 filed a statement of objections
raising several grounds on the merits. It is contended
that there is an arbitral dispute arose between the


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petitioners and the respondents. Hence, the question
of nominating arbitrator does not arise. Accordingly,
prays to dismiss the petitions.

6. In CMP 202/2024, Respondent No.2 filed a separate
statement of objections denying the averments made
in the petition. It is contended that respondent No.2
is not a party to Master Service Agreement. Hence,
question of invoking the arbitration clause in the
Master Service Agreement do not arise and
impleading respondent No.2 in this petition has been
fraudulent and misrepresented the terms of the
supplementary LLP agreement, and nature of the
transaction between respondent No.2 and the
petitioner. Hence, prays to dismiss the petition
against respondent No.2.

7. Respondent No.3 filed a statement of objections
reiterating the statement of objections filed by
respondent No.2. Hence, prays to dismiss the
petitions against respondent No. 3.


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8. In CMP Nos.204/2024, 205/2024, 304/2024
respondent No.3 filed a statement of objections
contending that respondent No.3 is a separate and
independent partnership firm, which is neither a
party nor a signatory to the Master Services
Agreement nor the First Supplementary LLP
Agreement. The petitioner has wrongly impleaded
respondent No.3 on account of typographical error
contained in the First Supplementary LLP Agreement.
Hence, on this ground, prays to dismiss the petitions
against respondent No.3.

9. Heard the arguments of the learned counsel for the
parties to the petitions.
10.
Learned counsel for the petitioners submits that
arbitral dispute arose between the parties to the
petitions and the same shall be resolved through the
arbitration. He submits that insofar as respondent
Nos.2 to 5 are concerned, they can raise all the
contentions before the arbitral Tribunal. He submits


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that in an identical matters the Co-ordinate Bench in
CMP No.382 of 2021 and connected matters vide
order dated 22.02.2022 nominated Sri Vishwanath V
Angadi, retired District Judge to act as a sole
arbitrator. He submits the petition may be disposed
of in terms of aforesaid Civil Miscellaneous Petition.

Hence, prays to allow the petition.

11. Learned counsel for respondent No.1 submits that
the application filed by the petitioner for the
appointment of an arbitrator is barred by limitation.
He submits that respondent Nos.2 to 5 are not
parties to the LLP. Hence, the petition against
respondent Nos.2 to 5 is not maintainable. Hence, on
these grounds, he prays to dismiss the petition.

12. Learned counsel for respondent Nos.2 to 5 submits
that they are not the parties to the agreement
executed between the petitioner and respondent
No.1. Hence, the petition filed against respondent
Nos.2 to 5 is not maintainable and accordingly, on


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this ground, prays to dismiss the petition against
respondent Nos.2 to 5.

13. Perused the records, and considered the submissions
of the learned counsel for the parties.

14. The point, that would arise for consideration is as
follows:
“Whether the petitioners have made a
ground to refer the dispute to the arbitration
in terms of Article 11 of the Master's Service
Agreement dated 12.11.2018, 23.03.2018,
05.11.2018, 21.06.2017, 01.08.2019,
26.02.2019, 11.03.2019, 19.05.2019,
23.05.2018, 22.10.2018, 11.09.2017,
01.08.2019, 13.04.2019, 07.06.2018,
02.02.2019, (24.11.2018 and 26.11.2018)
(25.06.2017 and 26.06.2017), 03.07.2017,
(27.01.2019 and 28.01.2019), 10.11.2017
and 11.11.2017 respectively as per the
provisions of the Arbitration and Conciliation
Act, 1996 and the rules?”


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15. It is an undisputed fact that the petitioners and
respondent No.1 entered into Master Service
Agreement on 12.11.2018, 23.03.2018, 05.11.2018,
21.06.2017, 01.08.2019, 26.02.2019, 11.03.2019,
19.05.2019, 23.05.2018, 22.10.2018, 11.09.2017,
01.08.2019, 13.04.2019, 07.06.2018, 02.02.2019,
(24.11.2018 and 26.11.2018) (25.06.2017 and
26.06.2017), 03.07.2017, (27.01.2019 and
28.01.2019), 10.11.2017 and 11.11.2017
respectively and subsequently executed a first
supplementary to the Limited Liability Partnership
Agreement along with respondent Nos.2, 3 and the
petitioners on 28.12.2018, 30.03.2019, 27.06.2019,
28.09.2018, 27.02.2020, 27.06.2019, 30.03.2019,
27.06.2019, 28.09.2018, 28.09.2018. Respondent
No. 4 is the Limited Liability Partnership, whose
operations are governed by respondent No.3.
Respondent No.5 is a private limited company. The
last payment of fixed quarterly payout was made out


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by the respondent company on 10.04.2022,
08.04.2022 and the tenure of the first supplementary
to the Limited Liability Partnership Agreement was
concluded and the respondents are liable to make
terminal payout.

16. From the perusal of the Master Service Agreement
dated 12.11.2018, 23.03.2018, 05.11.2018,
21.06.2017, 01.08.2019, 26.02.2019, 11.03.2019,
19.05.2019, 23.05.2018, 22.10.2018, 11.09.2017,
01.08.2019, 13.04.2019, 07.06.2018, 02.02.2019,
(24.11.2018 and 26.11.2018) (25.06.2017 and
26.06.2017), 03.07.2017, (27.01.2019 and
28.01.2019), 10.11.2017 and 11.11.2017
respectively there is clause 11 provides the
arbitration clause which reads as follows:
11- “Government law jurisdiction and
exspute resolution”
All the questions concerning the
construction, validity and interpretation of


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this agreement will be governed by the
laws of India, and subject to this clause,
the courts at Bangalore shall have exclusive
jurisdiction. The parties shall amicably
resolve any and all disputes arising out of
or in connection with this agreement,
failing which, the dispute shall be settled in
accordance with the provisions of the
Arbitration and Conciliation Act, 1996. The
parties shall mutually appoint a sole
arbitrator to conduct the arbitration
proceedings. The venue for arbitration shall
be Bangalore and the language for
arbitration shall be English.

17. The petitioners invoked an arbitration clause under
Article 11 of the Master Service Agreement by issuing
notices under Section 21 of the Arbitration and
Conciliation Act, 1996, proposing the name of an
arbitrator.

18. None of the respondents have concurred in
appointing the arbitrator.


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19. Admittedly, there is an arbitration clause in the
Master Service Agreement dated 12.11.2018,
23.03.2018, 05.11.2018, 21.06.2017, 01.08.2019,
26.02.2019, 11.03.2019, 19.05.2019, 23.05.2018,
22.10.2018, 11.09.2017, 01.08.2019, 13.04.2019,
07.06.2018, 02.02.2019, (24.11.2018 and
26.11.2018) (25.06.2017 and 26.06.2017),
03.07.2017, (27.01.2019 and 28.01.2019),
10.11.2017 and 11.11.2017 respectively, and the
dispute arose between the parties to the petitions.
The said dispute has to be resolved through an
arbitration.

20. Learned counsel for respondent No.1 submits that
the petition filed by the petitioners under Section
11(6) is barred by limitation. As far as claim of the
petitioner is concerned, as to whether the claim was
dead or time-barred claim is to be decided by the
arbitrator. The scope of judicial intervention under
Section 11 of the Act is restricted to the situation


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that the judicial authorities to find out that arbitration
agreement does exists or is null and void. The scope
of examination is now confined only to the existence
of the arbitration agreement.

21. The learned counsel for respondent Nos.2 to 5
submits that they are not the parties to the Master
Service Agreement. Hence application filed under
Section 11 is not maintainable. The Hon’ble Supreme
Court had an occasion to consider the said issue in
the case of Hindustan Petroleum Corporation
1
Ltd. v. BCL Secure Premises Private Ltd ,
wherein the Apex Court had to consider the issue of
misjoinder of necessary parties.

22. The Hon'ble Apex Court in the case of Hindustan
Petroleum Corporation Ltd. (supra) has held that
the scope of jurisdiction of referral Court, hearing a
Section 11 petition, when faced with an issue of a
joinder of a non-signatory to the arbitration

1
2025 SCC Online SC 2746


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agreement, has been lucidly set out by the five
Benches of the Hon'ble Apex Court in Cox and Kings
2
Ltd. v. SAP India. Pvt. Ltd. and another , wherein
the Hon'ble Supreme Court held that if the referral
court prima facie arrives at the satisfaction that a
non-signatory is veritable party, then only the
arbitral tribunal is not denuded of its jurisdiction to
decide whether non-signatory is indeed a party to the
arbitration agreement on the basis of factual
evidence and application of legal doctrine.

23. The Referral Court has a limited scope to enquire for
the purpose of examining whether Section 11(6) of
the Act, 1996, whether the application has been filed
within the limitation of 3 years or not. At this stage,
it would not be proper for the referral Court to
indulge in intricate evidentiary inquiry into the
question of whether the claim raised by the petitioner

2
(2024) 4 SCC 1


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is time-barred. Such determination must be left to
the decision of the Arbitral Tribunal.

24. Considering the proposition of law laid down by the
Hon'ble Apex Court in the cases referred supra, the
petitioner has made out a ground to refer the arbitral
dispute to the arbitration. Similarly placed petitioners
approached this Court in Civil Miscellaneous Petition
No. 382 of 2021 and connected petitions and the said
petitions came to be disposed of vide order dated
22.02.2022 and this Court appointed Sri Vishwanath
V Angadi retired District Judge to act as a sole
arbitrator. Accordingly, I answer the point in the
affirmative .
CMP No.375/2025:

25. In CMP No.375 of 2025, the petitioner filed the Civil
Miscellaneous petition under Section 11(6) of the
Arbitration and Conciliation Act, 1986 for the
appointment of an arbitrator to resolve the dispute


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between the parties to the petition in terms of clause
9 of the Master Service Agreement executed on
27.07.2022 and 02.08.2022 vide Annexure-A3, as
per the provisions of Arbitration and Conciliation Act
and the Rules.

26. Brief facts, leading rise to the filing of this petition
are as follows:

27. The petitioner purchased 300 square feet unit,
paying ₹40,33,000/- (100% down payment at
₹13,440/- per square feet) in the project ‘One
Hebbal’ and the respondent assured the petitioner
that the construction would be completed within a
period of 24 months from the time of investment in
the said project. The petitioner signs the one Hebbal
application form, a Master Service Agreement and a
General Power Of Attorney in favour of a third party,
M/s. Smart Assets Services India Private Limited
came to be entered into on 27.07.2022 and
02.08.2022. The representative of the respondent


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informed the petitioner about the launch of a new
commercial project, “The Summit”, in Whitefield,
Bengaluru, which was scheduled to begin
construction much sooner. Based on this, the
petitioner urged transfer his investment from one
Hebbal to the alternative project ‘The Summit’. The
petitioner was not inclined to accept the option i.e.,
switch from ‘One Hebbal’ to ‘The Summit’. The
petitioner preferred to seek and early exit from the
project ‘One Hebbal’.

28. The petitioner issued a legal notice on 23.07.2024
requesting them to hand over all the documents in
their custody and full refund of ₹ 40,33,000/-.
towards the purchase of 300 square feet in ‘One
Hebbal’. A Notice also requested interest at 24%
perm annum. Further, the petitioner invoked an
arbitration clause and proposed the name of Smt.
Rahat Afshan H.N., retired Senior Civil Judge as a


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sole arbitrator. The respondent has not replied to the
same. Hence, this petition.

29. Learned counsel for the respondent submits no
objection to allow the petition.

30. Perused the records, and considered the submissions
of the learned counsel for the parties.

31. The point, that would arise for consideration is as
follows:
“Whether the petitioner has made a ground
to refer the dispute to the arbitration in
terms of Article 9 of the Master's Service
Agreement dated 27.07.2022 and
02.08.2022 as per the provisions of the
Arbitration and Conciliation Act, 1996 and
the rules?”

32. The petitioner and respondent entered into a Master
Service Agreement and GPA on 27.07.2022 and
2.08.2022. The respondent did not refund the
amount since the petitioner wanted to switch the


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project. The petitioner issued a legal notice calling
upon the respondent to hand over all the documents
in their custody and full refund of ₹40,33,000/-.
Though notice was served on the respondent, but the
respondent did not reply to the demand notice. There
is an arbitration clause in the Master Service
Agreement at clause 9 which reads as follows:
9- “Governing Law, Jurisdiction and
Dispute Resolution”
All questions concerning the construction,
validity and interpretation of this
agreement will be governed by the laws of
India, and subject to this clause, the courts
at Bangalore shall have exclusive
jurisdiction. The parties shall amicably
resolve any and all disputes arising out of
or in connection with this agreement,
failing which, the dispute shall be settled in
accordance with the provisions of the
Arbitration and Conciliation Act, 1996. The
parties shall mutually appoint a sole
arbitrator to conduct the arbitration


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proceedings. The venue for arbitration shall
be Bangalore, and the language for
arbitration shall be English.

33. From the perusal of the arbitration clause, it is clear
that, if any dispute arises between the parties to the
petition, the said dispute shall be resolved through
an arbitration. The petitioner has invoked the
arbitration clause by issuing an arbitration notice
dated 27.03.2025 under Section 21 of the Arbitration
and Conciliation Act, 1996.

34. Learned counsel for the respondent submits no
objection to appoint the sole Arbitrator.

35. In view of the submissions made by the learned
counsel for the respondent and for the foregoing
discussion, the petitioner has made out a ground to
refer the dispute to the arbitration. Accordingly, I
answer the point in the ‘ affirmative’ .

36. In the result, I proceed to pass the following order.


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ORDER

(i) These Civil Miscellaneous Petitions are
allowed .

(ii) Sri.Vishwanath V Angadi, retired
District Judge is nominated as
Arbitrator to resolve the disputes
between the parties to the petitions,
in terms of arbitration clause
contained in the Master Service
Agreement as per the provisions of
the Arbitration and Conciliation Act,
1996 and the Rules.

(iii) All the contentions of the parties,
including the maintainability of the
petitions against the respondents,
who are not signatories to the
agreements, are kept open.

(iv) The Registry is directed to
communicate this order to the learned
Arbitrator, and the Arbitration and
Conciliation Centre, Bangalore.

(v) The Registry is directed to return the
certified copies/original documents to


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the petitioners, if any, after retaining
a photocopy of the same.

(vi) In view of the disposal of the
petitions, pending interlocutory
applications, if any, stand disposed of.




Sd/-
(ASHOK S.KINAGI)
JUDGE



SKS
CT:KHV