- 1 - HC-KAR NC: 2025:KHC:19731 CMP No. 587 of 2024 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. 587 OF 2024 BETWEEN: MOTO BUSINESS SERVICE INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT SALARPURIA ANNEX, 2ND FLOOR, 1, LUSKAR, HOSUR ROAD, CHIKKU LAKSHMAIAH LAYOUT, KORAMANGALA, BENGALURU, KARNATAKA - 560 030. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. AAYUSH SINHA, AGED ABOUT 25 YEARS S/O MR. RAJESH KUMAR SINHA. …PETITIONER (BY SRI. TARUNN SURANA.,ADVOCATE) AND: MOTHERPOD INNOVATIONS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19731 CMP No. 587 of 2024 PRESENTLY HAVING ITS REGISTERED OFFICE AT NO. 1340, 10TH CROSS, INDIRANAGAR, 2ND STAGE, BENGALURU, KARNATAKA- 560038. REPRESENTED BY ITS AUTHORISED SIGNATORY MR. RAMA SUBRAMANIAM. …RESPONDENT (BY MS. ANUSHREE G, ADVOCATE FOR SRI. UDAY SHANKAR R., ADVOCATE) THIS CMP IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO, APPOINT A SOLE ARBITRATOR IN TERMS OF THE CLAUSE 15.2 OF THE MASTER LEASE AGREEMENT DATED 09.05.2022 ii) DIRECT CONSTITUTION OF THE ARBITRAL TRIBUNAL TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT IN TERMS OF ARBITRATION AND CONCILIATION ACT, 1996 AS AMENDED TILL DATE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:19731 CMP No. 587 of 2024 ORAL ORDER The petitioner and the respondent are parties to the Master Lease Agreement dated 09.05.2022 which incorporates an agreement for arbitration by a Sole Arbitrator under the provisions of the Arbitration and Conciliation Act, 1996. The parties have exchanged the notices, and in fact, the respondent has issued Notice dated 25.01.2024 invoking the agreement for arbitration alleging certain defaults by the petitioner. The petitioner has responded to such Notice vide Reply dated 19.02.2024 raising a claim for Rs.30,86,840/- as of this Notice. The learned counsel for the respondents opposes the appointment of a Sole Arbitrator notwithstanding the afore circumstances asserting that no efforts have been made to settle the disputes by negotiation and that the petitioner's nominee vide Reply dated 19.02.2024 is rendered infructuous with the demise of the Nominee Arbitrator. In the - 4 - HC-KAR NC: 2025:KHC:19731 CMP No. 587 of 2024 circumstances of this case, and with the agreement not stipulating lack of negotiation will be a condition against commencement of the arbitration proceedings, this Court is of the view that the petition must be allowed appointing the respondent's Nominee as the Sole Arbitrator. 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 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 - 5 - HC-KAR NC: 2025:KHC:19731 CMP No. 587 of 2024 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 by the Chief Justice of Karnataka High Court Scheme, 1996. Sd/- (B M SHYAM PRASAD) JUDGE AN/-