Ttk Services Private Limited vs Ferns Builders and Developers

Type Court Judgment Court Karnataka Decided Oct 17, 2025

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https://sooperkanoon.com/case/1734581

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Citation: sooperkanoon.com/1734581
Court: Karnataka High Court
Judge: Suraj Govindaraj
Decided On: Oct 17, 2025
Case Number: CMP/333/2023

Parties & Advocates

Appellant / Petitioner

Ttk Services Private Limited

Respondent

Ferns Builders and Developers

Excerpt

.....as under:coram: hon'ble mr. justice suraj govindarajoral order1. the petitioner is before this court seeking for the following reliefs;a. "to exercise its jurisdiction and power under section 11(6) of the arbitration and conciliation act, 1996 and to appoint an arbitrator to adjudicate and resolve the disputes that have arisen under the regd. lease deed dated 03/11/2016 (annexure-a) as per clause 14.2 so entered into between the petitioner and the respondent.b. to pass such other order(s) as this hon'ble court deems fit and proper in the facts and circumstances of the case."2. both the counsels submit that initially the mattermay be referred to mediation and in the event of mediation not being successful, an arbitrator could be appointed. in that view of the matter, i pass the following:orderi) cmp is allowed. -3- ii) the matter is referred to mediation. the director, karnataka mediation centre to appoint a mediator to resolve the dispute between the parties. the parties are directed to appear before the director, kmc on 4.11.2025 at 02.30 p.m. iii) all contentions are kept open. iv) in the event of mediation being successful, the successful mediation report to be placed before this court. v) in the event of mediation not being successful, the director of mediation center is directed to forward the copy of the file to the director of arbitration and conciliation center. vi) sri.g.nanjundaiah, former district judge of the district judiciary is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the arbitration centre attached to this court. sd/ (suraj govindaraj) judge prs list no.: 1 sl no.: 43

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 333 OF 2023 BETWEEN: TTK SERVICES PRIVATE LIMITED, REGISTERED OFFICE AT NO.68, SMARTWORKS, 4TH FLOOR, TOWER - B, DSR TECHNO CUBE, VARTHUR ROAD, THUBARAHALLI, BANGALORE-560 037. REP. BY ITS COMPANY SECRETARY MRS. REKHA MAHESHWARI. …PETITIONER (BY SRI LOKESH A, ADVOCATE) AND: FERNS BUILDERS AND DEVELOPERS, 'TIARA', NO.682, 9TH A MAIN, INDIRANAGAR 1ST STAGE, OPP. ORIENTAL BANK OF COMMERCE, Digitally signed BANGALORE - 560 038. by SHWETHA REP. BY ITS PARTNER MR AUSTIN ROACH. RAGHAVENDRA …RESPONDENT Location: HIGH COURT OF (BY SRI SAMMITH S, ADVOCATE) KARNATAKA
THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO A) TO EXERCISE ITS JURISDICTION AND POWER UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND TO APPOINT AN ARBITRATOR TO ADJUDICATE AND RESOLVE THE DISPUTES THAT HAVE ARISEN UNDER THE REGD. LEASE DEED DATED 03/11/2016 (ANNEXURE-A) AS PER CLAUSE 14.2 SO ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT. -2-
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs;

a. "To exercise its jurisdiction and power under section 11(6) of the Arbitration and Conciliation Act, 1996 and to appoint an Arbitrator to adjudicate and resolve the disputes that have arisen under the Regd. Lease Deed dated 03/11/2016 (Annexure-A) as per Clause 14.2 so entered into between the petitioner and the respondent.

b. To pass such other Order(s) as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

2. Both the counsels submit that initially the matter

may be referred to mediation and in the event of mediation not being successful, an arbitrator could be appointed. In that view of the matter, I pass the following:

ORDER

i) CMP is allowed. -3- ii) The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. The parties are directed to appear before the Director, KMC on 4.11.2025 at 02.30 p.m. iii) All contentions are kept open. iv) In the event of mediation being successful, the successful mediation report to be placed before this Court. v) In the event of mediation not being successful, the Director of Mediation Center is directed to forward the copy of the file to the Director of Arbitration and Conciliation Center. vi) Sri.G.Nanjundaiah, former District Judge of the District Judiciary is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. SD/ (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 43

Same Court & Year Karnataka · 2025 Same Parties Ttk Services Private Limited vs Ferns Builders and Developers Same Judge Suraj Govindaraj