- 1 - NC: 2025:KHC:2035 CMP No. 243 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 243 OF 2024 BETWEEN: 1. M/S RCHEM 1085, 5TH A MAIN NEAR MSR COLLEGE ENTRANCE GOKULA EXTENSION, BANGALORE NORTH BANGALORE-560 054. REP BY ITS PROPRIETOR N.V. PRASAD AGED ABOUT 71 YEARS …PETITIONER (BY SRI. JAYANTH .V, ADVOCATE) AND: 1. M/S LORD VARAM HOTEL PVT. LTD. 26/A, ELECTRONIC CITY PHASE I HOSUR ROAD, BENGALURU-560 100. REP. BY MANAGING DIRECTOR MR. PUSHPENDRA R. BANSAI ALSO AT M/S LORD VARAM HOTEL PVT LTD. 202, 2ND FLOOR, MORYA BLUE MOON OPPOSITE CITI MALL OFF NEW LINK ROAD ANDHERI WEST, MUMBAI-400 053. 2. M/S LORD VARAM HOTEL PVT LTD. NO.157 AND 158 8TH CROSS, 10TH MAIN ROAD Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:2035 CMP No. 243 of 2024 I BLOCK, JAYANAGAR BENGALURU-560 011. …RESPONDENTS (VIDE ORDER DATED 13.08.2024 NOTICE TO R1 AND R2 IS HELD SUFFICIENT) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING THAT THIS HONBLE COURT BE PLEASED TO APPOINT A SOLE ARBITRATOR IN TERMS OF CLAUSE 30 OF THE SUB-LETTING AGREEMENT DATED 31 JULY 2014 FOR ADJUDICATION OF THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This civil miscellaneous petition is filed by the petitioner under Section 11(5) of the Arbitration and Conciliation Act, 1966 (for short "the Act") seeking appointment of sole arbitrator to resolve the dispute between the parties in terms of subletting agreement entered into between the petitioner and respondent on 31.07.2014. - 3 - NC: 2025:KHC:2035 CMP No. 243 of 2024 2. Petitioner having issued notice of termination of sub-letting agreement to the respondent, notified six months' period to handover vacant possession of the premises, vide notice dated 15.9.2023. Since respondent failed to handover vacant possession, petitioner has issued a notice invoking arbitral clause evidenced at Annexure-H thereby nominating the arbitrator. 3. This petition is not contested by the respondent. 4. Learned counsel for the petitioner has brought to the notice of this Court that respondent anticipating precipitative action has filed an application under Section 9 of the Act and has acknowledged existence of arbitration clause which is evidenced at para 28 of Com.A.A.No. 281/24 filed by the respondent. 5. On meticulous examination of the annexures filed along with the memorandum of this petition, this Court is satisfied that the petitioner has fulfilled the requirement as provided under Section 11(4) of the Act. - 4 - NC: 2025:KHC:2035 CMP No. 243 of 2024 In view of existence of the arbitration clause evidenced at Clause 30 of sub-letting agreement coupled with the pleadings averred in Com.A.A.No.281/24 by respondent, this Court is of the view that petitioner has substantiated and has fulfilled the requirements. 6. In the light of aforesaid clause of arbitration and the contentions advanced by the petitioner, this Court proceeds to pass the following: ORDER (i) The Civil Miscellaneous petition is allowed appointing Shri. Vishwanath V. Angadi, Retired District and Sessions Judge, as the sole Arbitrator to enter reference of the disputes between the petitioner and the respondent and conduct proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, according to the Rules governing the said Arbitration Centre. (ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings. - 5 - NC: 2025:KHC:2035 CMP No. 243 of 2024 (iii) The office is directed to communicate this order to the Arbitration and Conciliation Centre and to Shri Vishwanath V. Angadi, Retired District and Sessions Judge, as required under the Arbitration and Conciliation Centre Rules, 2012. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 47