- 1 - HC-KAR NC: 2025:KHC:19175 CMP No. 575 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 575 OF 2024 BETWEEN: GUARDIAN HEALTHCARE SERVICES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT BRADY HOUSE 3RD FLOOR 12/14 VEER NARIMAN ROAD FORT MUMBAI 400001. REP THROUGH ITS AUTHORIZED SIGNATORY MR DURGESH SAHAY. …PETITIONER (BY SRI. M B ANIRUDH.,ADVOCATE) AND: COUNFREEDISE RETAIL SERVICES LIMITED REGISTERED OFFICE AT NO. 14 2ND FLOOR NEW TIMBER YARD LAYOUT MYSORE ROAD BENGALURU 560026 REP BY ITS DIRECTOR MR MAHESH KUMAR ABHINANDAN. …RESPONDENT (BY SRI. BHARATH SHETTY.,ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19175 CMP No. 575 of 2024 THIS CMP FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO PASS AN ORDER FOR THE APPOINTMENT OF AN IMPARTIAL AND INDEPENDENT ARBITRATOR FOR ADJUDICATION OF THE DISPUTES BETWEEN THE PARTIES, ARISING OUT OF THE CLAUSE 10 OF THE AGREEMENT DATED 29.05.2019 (ANNEXURE C). 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, which is engaged in the business of marketing Healthcare Products under a particular brand name, has filed this petition for the appointment of a Sole Arbitrator relying upon the Agreement for Arbitration as contained in the Agreement dated 29.05.2019. The petitioner has caused legal Notice dated 01.02.2024 as contemplated under Section 21 of the Arbitration and Conciliation Act, 1996 [for short, 'the Act'] for commencement of the arbitral proceedings suggesting - 3 - HC-KAR NC: 2025:KHC:19175 CMP No. 575 of 2024 the name of a learned member of the Bar as the Sole Arbitrator. The petitioner has caused this Notice after the disposal of the petition in CMP No.866/2022 on 29.11.2023 with liberty to act in compliance with Section 11[5] of the Act as the earlier notice did not suggest the name of the Sole Arbitrator. Sri M B Anirudh, the learned counsel for the petitioner, submits that the dispute between the petitioner and the respondent is because the respondent, which has received certain products to market online as an intermediary, has neither returned the products nor settled the amounts payable to the petitioner despite the cancellation of the agreement. The respondent has caused no Reply, and in fact, none appears for the respondent today though represented. This Court is persuaded to opine that the petitioner has established the existence of an arbitral dispute and an agreement for resolution of - 4 - HC-KAR NC: 2025:KHC:19175 CMP No. 575 of 2024 such dispute by arbitration. In the light of the afore, the following: ORDER [a] The petition is allowed, and Sri S G Hiremath, a retired Senior Civil 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 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 G Hiremath, a retired Senior Civil Judge, - 5 - HC-KAR NC: 2025:KHC:19175 CMP No. 575 of 2024 Address: No.16, Annapoorneshwari Layout, Near Udbur Gate, H.D. Kote Road, Halalu Opp. Pinjarapole, Mysuru-570008, [Email: hiremathlawfirm@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/-