- 1 - HC-KAR NC: 2025:KHC:18486 CMP No. 294 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 294 OF 2024 BETWEEN: M/S APYA CAPITAL SERVICES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISOINS OF THE COMAPNIES ACT 1956 HAVING THEIR REGSITERED OFFICE AT FLAT NO 22 TOWER 6 PEBBLE BAY RAJ MAHAL VILAS II RAMAKRISHNAPPA LAYOUT NAGASHETTY HALLI BENGALURU 560094 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR BASAVARAJ R PURAD ALSO AT NO 609, 3RD FLOOR, 12TH MAIN 7TH CROSS HAL 2ND STAGE INDIRANGAR BANGALORE 560038. …PETITIONER (BY SRI. N. VENKATESH KAMATH, ADVOCATE FOR SRI. CHINTAN CHINNAPPA M.,ADVOCATE) AND: SBR GROUP SURVEY NO 24/5 SEEGEHALLI VILALGE BIDARAHALLI HOBLI BANGALORE 560067 REP BY ITS MANGAING PARTENR SRI T VENUGOPAL …RESPONDENT (BY SMT. LEKHA JAIN, ADVOCATE FOR SRI. SIDDHARTH SUMAN, ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18486 CMP No. 294 of 2024 THIS CIVIL MISC. PETITION UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR APPOINTMENT OF ARBITRATOR PRAYING TO APPOINT THE ARBITRATOR SUGGESTED AT PARAGRAPH 16 ABOVE, OR ANY OTHER ARBITRATOR AS THIS HONBLE COURT DEEMS PROPER, AS THE SOLE ARBITRATOR UNDER CLAUSE 7.2 OF THE ENGAGEMENT LETTER DATED 16.04.2019 BETWEEN THE PARTIES VIDE ANNEXURE-B, REFERRED TO SUPRA, FOR ADJUDICATION OF DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT, TO BE CONDUCTED AT THE ARBITRATION CENTRE OF KARNATAKA AT BENGALURU IN ACCORDANCE WITH THE ARBITRATION CENTRE-KARNATAKA (DOMESTIC AND INTERNATIONAL) RULES, 2012. 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, who relies upon the Engagement Letter dated 16.04.2019 and the arbitration clause as contained in such Engagement Letter, has filed this petition for appointment of a sole Arbitrator asserting that the respondent has to pay a sum of - 3 - HC-KAR NC: 2025:KHC:18486 CMP No. 294 of 2024 Rs.2,99,41,642/- as compensation/damages while also asserting that it will be entitled for specific performance and interest. The respondent disputes its liability as is asserted, but this Court must record that the Agreement/Arbitration Agreement is not in dispute. If the Arbitration Agreement is not disputed and the liability as asserted by the petitioner is contested, with the respondent also raising the questions about the sufficiency of stamp duty, this Court is of the considered view that the petitioner has established existence of an arbitral dispute and the petition must be allowed. Hence, the following: ORDER [a] The petition is allowed. [b] Hon'ble Mr. Justice Ajit J. Gunjal, a former Judge of this Court is appointed as the sole Arbitrator to - 4 - HC-KAR NC: 2025:KHC:18486 CMP No. 294 of 2024 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. [c] The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to the Hon'ble Mr. Justice Ajit J. Gunjal, a former Judge of this Court, Address: # 95, ‘LaxmiKunj’, 7th Main, MCR Layout, Vijayanagar, Bengaluru – 560 040 [e- mail: ajgj95@gmail.com] as required under the Appointment of Arbitrators - 5 - HC-KAR NC: 2025:KHC:18486 CMP No. 294 of 2024 by the Chief Justice of Karnataka High Court Scheme, 1996. Sd/- (B M SHYAM PRASAD) JUDGE AN/-