Meena Bazaar v. Mohammed Amin Abubaker

NC:(2026:KHC:23358( CMP(No.(94(of(2023( ( , ,,HC-KAR( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(27 (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:( ( Digitallytisignedtiby CHAYA0S0A 1., MOHAMMED,AMIN,ABUBAKER, Location:0HIGH S/O,LATE,ABOO,BAKER,, COURT0OF KARNATAKA R/O,98/11,,WHEELEERS,ROAD,,EXTENTION,,, 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),

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.

¶2In 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').

¶3It 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.

¶4Per 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.

¶5Having 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.

¶6Accordingly, 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.

¶7All claims and contentions of any of the parties are kept open to be decided by the Arbitral Tribunal.

¶8A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter.

¶9Registry is directed to return all original documents produced by any of the parties if any, after obtaining Photostat copies of the same.

¶10Since 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 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