- 1 - HC-KAR NC: 2025:KHC:19369 CMP No. 604 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 604 OF 2024 BETWEEN: M/S SATCHMO HOLDINGS LIMITED PREVIOUSLY KNOWN AS M/S NEL HOLDINGS SOUTH LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING OFFICE AT NO. 110, A WING, LEVEL 1, ANDREWS BUILDING, MAHATMA GANDHI ROAD BENGALURU - 560001 REPRESENTED BY ITS SENIOR LEGAL EXECUTIVE SMT. VASUMATI H K …PETITIONER (BY MS. LEKHA JAIN, ADVOCATE FOR SRI. SIDDHARTH SUMAN., ADVOCATE) AND: SHRI. TORAL KRISHNA G K AGED ABOUT 54 YEARS S/O GANGARANGAIAH RESIDING AT NO. 46, KENCHANAHALLI, TIPPASANDRA HOBLI, MAGADI TALUK, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19369 CMP No. 604 of 2024 DODDASOMANAHALLI RAMANAGAR - 562131 …RESPONDENT (BY SRI. SYED KASHIF ALI, ADVOCATE) THIS CMP IS FILED UNDER SEC. 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT SRI. JUSTICE A.N. VENUGOPALA GOWDA, FORMER JUDGE, HIGH COURT OF KARNATAKA, AS THE SOLE ARBITRATOR TO ENTER UPON REFERENCE AND PASS AWARD IN THE MATTER OF DISPUTES BETWEEN THE PETITIONER ON THE ONE SIDE AND THE RESPONDENT ON THE OTHER SIDE AS PER CLAUSE 9.2 OF THE AGREEMENT FOR SALE DATED 18.02.2022, i.e., ANNEXURE -A. 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 This petition is for the appointment of a Sole Arbitrator. It is undisputed that there is an Agreement for Sale dated 18.02.2022 [Annexure-A] between the petitioner and the respondent, which also has an agreement for resolution of disputes by arbitration contemplated under the Arbitration and Conciliation Act, 1996. The agreement reads as under: - 3 - HC-KAR NC: 2025:KHC:19369 CMP No. 604 of 2024 "9.1 Any dispute under and/or in relation to this Agreement shall be submitted and referred to and be finally settled by arbitration. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996. 9.2 The place of arbitration shall be Bengaluru. The language to be used in the arbitration proceedings shall be English. The arbitration award shall be final and binding on the Parties, and enforceable in accordance with its terms." This Court must observe that the respondent seeks specific performance and the petitioner claims refund of the value under the Agreement for Sale with the dispute over the circumstances in which the agreement has come about. There is an arbitral dispute and a Sole Arbitrator must be appointed. When heard in this regard, the learned counsels for the parties submit that Mr. S. R. Somasekhara, a retired District Judge could be appointed as the Sole Arbitrator leaving open all questions to be decided in the arbitral proceedings. Hence, the following: - 4 - HC-KAR NC: 2025:KHC:19369 CMP No. 604 of 2024 ORDER [a] The petition is allowed, and Mr. S. R. Somasekhara, a retired District 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 - 5 - HC-KAR NC: 2025:KHC:19369 CMP No. 604 of 2024 Mr. S. R. Somasekhara, a retired District Judge, Address: No.H-802, Pride Enchanta, Opposite BHEL, Mysore Road, Bengaluru-560 026. [E-mail: (i) subrahmanya.kaushik@gmail.com and (ii) somasekhara85@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 RB