- 1 - HC-KAR NC: 2025:KHC:19723 CMP No. 17 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 17 OF 2025 BETWEEN: M/S. SKYLIT ENGINEERS AND INFRASTRUCTURE (P) LTD., (FORMERLY M/S SKYTECH ENGINEERS AND BUILDERS PVT. LTD.,) HAVING ITS OFFICE AT NO.23, HIG G-3, KHB COLONY, HOOTAGALLI, (OPP ROTARY SCHOOL), MYSURU 570 018 R/BY ITS MANAGING DIRECTOR SRI. S. SHANKAR. …PETITIONER (BY SRI. SHIVAYOGI B. HALLUR.,ADVOCATE) AND: MYSORE RURAL KARNATAKA STATE ROAD TRANSPORT CORPORATION EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., MYSORE AT NO.95, K.T. STREET, MANDI MOHALLA, MYSURU-570 021 R/BY IT'S PRESIDENT Y.E. MANJUNATH. …RESPONDENT Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19723 CMP No. 17 of 2025 THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILATION ACT, 1996 PRAYING TO APPOINT SOLE ARBITRATOR IN TERMS OF SECTION 11(5) OF THE ARBITRATION AND CONCILATION ACT 1996 OF ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PARTIES AS PER CLAUSE 16 OF MOU DATED 29.07.2010 AND 17.08.2022 PRODUCED AS ANNEXURE A,B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is a party to the Memorandum of Understanding dated 29.07.2010 and there is exchange of notices between the petitioner and the respondent on certain claims. However, it is seen from this exchange that the requirements of Section 21 of the Arbitration and Conciliation Act, 1996 are not complied. The petitioner should have first sought for respondent's consent on the nomination of an - 3 - HC-KAR NC: 2025:KHC:19723 CMP No. 17 of 2025 Arbitrator. As such, the petition stands disposed of with liberty to the petitioner to cause fresh notice and file a petition if there is cause for the same. Sd/- (B M SHYAM PRASAD) JUDGE AN/-