- 1 - HC-KAR NC: 2025:KHC:19724 CMP No. 164 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. 164 OF 2022 BETWEEN: M/S VOLVO INDIA PVT LTD YALACHAHALLY INDUSTRIAL AREA TAVAREKERE POST, HOSAKOTE, BANGALORE-562 122, REPRESENTED BY ITS LEGAL COUNSEL SHRI. YOGESH NAIK. …PETITIONER (BY SRI. G S BHAT., ADVOCATE) AND: MRS. SUNDARI BALACHANDER W/o SRI. BALACHANDER NO.16, 1ST MAIN ROAD, DR. M. V. JAYARAMAN ROAD, OPP: KODAVA SAMAJ, VASANTHANAGAR, BANGALORE-560 052. …RESPONDENT (BY SRI. DEEPAK BHASKAR.,ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT SHRI KUKKAJE R BHAT, AS SOLE ARBITRATOR OR ANY Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19724 CMP No. 164 of 2022 OTHER ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER COMPANY AND RESPONDENT IN TERMS OF THE LEASE DEED DATED 27/06/2015 AS PER ANNEXURE-A AND GRANT SUCH OTHER OR FURTHER RELIEF AS THIS COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. 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 relies upon the Lease Deed dated 27.06.2015 [Annexure-A] for resolution of the dispute by arbitration with the respondent by a Sole Arbitrator. The petitioner's claim against the respondent is for a refund of the Security Deposit. The petitioner has ensured notice dated 20.06.2020, which is as contemplated under Section 21 of the Arbitration and Conciliation Act, 1996, nominating an Arbitrator. The respondent has caused no reply to this Notice dated 20.06.2020. - 3 - HC-KAR NC: 2025:KHC:19724 CMP No. 164 of 2022 The petitioner in the first Notice dated 16.08.2019 has categorically admitted that possession of the subject property is handed over to the respondent, and its claim is only for the refund of the Security Deposit, and the merits of this claim must be adjudicated in the Arbitral proceedings. As such, this Court is persuaded to opine that there is an arbitral dispute and failure of agreement on who should enter reference to the dispute for resolution under the Act are established. Hence the following: ORDER [a] The petition is allowed, and Smt. Rahat Afshan H N, a retired Senior Civil Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the - 4 - HC-KAR NC: 2025:KHC:19724 CMP No. 164 of 2022 Rules governing the Centre. It would be needless to observe that, subject to just 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. Rahat Afshan H N, a retired Senior Civil Judge, Address: No.B-106, Vaishnavi Oasis, Near Tippu Circle, J. P. Nagar 9th Phase, Bengaluru-560 108 [rahat.afshan@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/-