- 1 - HC-KAR NC: 2025:KHC:19725 CMP No. 396 of 2022 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. 396 OF 2022 BETWEEN: M/S CHAZING PURPLE SOULUTIONS PVT LTD A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE SY NO.21, DR K NARAYANAPURA VILLAGE K R PURAM HOBLI, BANGALORE-560061 REPRESENTED BY ITS MANAGING DIRECTOR MS SHAKTH S NAIR D/O MR SATISH CHANDRAN NAIR AGED ABOUT MAJOR R/A 304, NAVA GRUHA APARTMENT NEAR SOWMYA SAROVAR APARTMENT RACHENAHALLI THANISANDRA MAIN ROAD BANGALORE-560045. …PETITIONER (BY MS. KARUNA BASAWARY, ADVOCATE FOR SMT. ANUPARNA BORDOLOI.,ADVOCATE) AND: MRS MOONA SUMALATHA W/O MR ROBERT CRAIG PATTERSON AGED ABOUT 49 YEARS R/A NO.88, DEE ENCLAVE, 4TH CROSS Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19725 CMP No. 396 of 2022 OFF KODIGEHALLI ROAD SAHAKARANAGAR BANGALORE-560092. …RESPONDENT (BY SRI. P.R. MADHU GOUD, ADVOCATE FOR SMT. RACHITA NANAIAH M.,ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO EXERCISE ITS JURISDICTION AND POWER UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND TO APPOINT AN ARBITRAL TRIBUNAL TO ADJUDICATE AND RESOLVE THE DISPUTES THAT HAVE ARISEN AS PER THE CLAUSE 18 OF THE REVENUE SHARE AGREEMENT DATED 01/12/2020 (ANNEXURE-C) BETWEEN THE PETITIONER AND THE RESPONDENT. 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 and the respondent are parties to a Revenue Sharing Agreement dated 01.12.2020, which also contains the agreement for resolution of - 3 - HC-KAR NC: 2025:KHC:19725 CMP No. 396 of 2022 disputes by arbitration. This Agreement for resolution of disputes by arbitration reads as under: "GOVERNING LAW, DISPUTE RESOLUTION & JURISDICTION a) The provisions of this Deed shall be governed by and, construed in accordance with the provisions of Indian Law and necessary laws. b) If any dispute arises amongst Parties hereto during the subsistence of this Deed or thereafter, in connection with the validity, interpretation, implementation or alleged material breach of any provision of this Deed the Parties shall endeavour to settle such dispute amicably. c) In case of failure by the Parties to resolve the dispute in the manner set out above within 30 days from the date when the dispute arose, the dispute shall be referred to arbitration of a sole arbitrator to be appointed by the Parties mutually. The place of the court of arbitration shall be Bangalore. The arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996 and shall be in the English language. The arbitrator panel shall - 4 - HC-KAR NC: 2025:KHC:19725 CMP No. 396 of 2022 also decide on the costs of the arbitration proceedings and the same shall be equally borne by both. the parties. d) The arbitrator's award shall be substantiated in writing and the Parties shall submit to the arbitrator's/arbitral panel's award which shall be enforceable in any competent court of law e) The courts at Bangalore shall have the sole jurisdiction to try and entertain all suits, proceedings and claims arising out of this Agreement." The petitioner has caused notice that would be according to the provisions of Section 21 of the Arbitration and Conciliation Act, 1996. The respondent has issued no Reply. If the learned counsel for the petitioner relies upon the terms of the Revenue Sharing Agreement and the legal Notice to contend that this Court must appoint a sole Arbitrator asserting that the petitioner is entitled to recover the losses suffered, the learned - 5 - HC-KAR NC: 2025:KHC:19725 CMP No. 396 of 2022 counsel for the respondent submits that the petitioner has vacated the subject premises and there may not be a cause. On a careful consideration of the terms of the Revenue Sharing Agreement and the different circumstances relied upon by the petitioner, this Court opines that there is an arbitral dispute which must be resolved by a sole arbitrator. Hence the following: ORDER [a] The petition is allowed, and Smt. L Vijayalakshmidevi, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. It would be needless to observe that, subject to just - 6 - HC-KAR NC: 2025:KHC:19725 CMP No. 396 of 2022 exceptions, all questions are left open to be considered in the arbitral proceedings. [b] The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Smt. L Vijayalakshmidevi, a retired District Judge, Address: No.342, 1st A Main Road, 8th Block, Koramangala, Bengaluru-560 095 [E-mail: vijayalakshmidevi2@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. Sd/- (B M SHYAM PRASAD) JUDGE AN/-