- 1 - HC-KAR NC: 2025:KHC:19962 CMP No. 428 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 428 OF 2022 BETWEEN: MR. CHANDRA MOHAN. G, SON OF V. GOVINDAIAH, AGED ABOUT 49 YEARS, RESIDING AT NO.73, 1ST D MAIN ROAD, RPC LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE - 560 040. …PETITIONER (BY SRI. SOHAN H.M, ADVOCATE FOR SRI. SHEKAR SHETTY S, ADVOCATE) AND: M/S. SABJI XPRESS PRIVATE LIMITED, REGISTERED OFFICE AT NO.501, KALKERE, HORAMAVU MAIN ROAD, OPP. HOTEL GREEN GARDENIA, BANGALORE - 560 043, REPRESENTED BY ITS DIRECTOR MR. VIJAY TATA. …RESPONDENT (VIDE ORDER DATED 21.03.2024, NOTICE TO RESPONDENT IS HELD SUFFICIENT) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19962 CMP No. 428 of 2022 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR AS PER THE PROVISION OF SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND REFER THE DISPUTE BETWEEN THE PARTIES TO THE ARBITRATOR TO SETTLE THE SAME AS PER THE TERMS OF THE AGREEMENT DATED 03/04/2021 VIDE ANNEXURE-A TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES, IN THE INTEREST OF JUSTICE, ACCORDING TO LAW. 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 has leased an immovable property to the respondent under the Lease Agreement dated 03.04.2021. The agreement contemplates the resolution of all disputes by arbitration. The learned counsel for the petitioner submits that the respondent [the tenant] has vacated the premises, but without handing over possession and that the premises is kept under lock. The respondent is also liable to pay rental arrears and damages. - 3 - HC-KAR NC: 2025:KHC:19962 CMP No. 428 of 2022 The respondent has not responded to the legal notice issued by the petitioner under Section 21 of the Arbitration and Conciliation Act, 1996, and has also remains absent in the present petition though served. The Lease Agreement is unregistered, but undeniably a lease is constituted and there is a dispute, which is to be decided by arbitration as agreed. Hence, the following: ORDER [a] The petition is allowed, and Sri S.S. Nagarale, 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 - 4 - HC-KAR NC: 2025:KHC:19962 CMP No. 428 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 Sri S.S. Nagarale, a retired District Judge, Address: No.1515, 5th Cross, 2nd Main, Judicial Layout, GKVK Posts, Bengaluru - 560 065 [e-mail: ssnagarale1@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 NG CT: BHK