- 1 - HC-KAR NC: 2025:KHC:48322 CMP No. 156 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 156 OF 2025 BETWEEN: 1. MANLIFT INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 REP. BY ITS ASST. MANAGER (LEGAL) GARVIT GUPTA HAVING ITS REGISTERED OFFICE AT 207 SUCHET CHAMBER, 1224/5 BANK STREET NAIWALA, KAROL BAGH, NEW DELHI-110005 …PETITIONER (BY SRI. AJAY KUMAR., ADVOCATE) AND: 1. MR DHARMAPAL JAIN S/O LATE MR. MAUJIRAM JAIN AGED ABOUT 72 YEARS R/O F-43, MANISH COMPLEX NO. 10 CONVENT ROAD, RICHMOND TOWN BANGALORE- 560025. 2. MRS. MADHU JAIN W/O MR. DHARAMPAL JAIN AGED ABOUT 71 YEARS R/O F-43, MANISH COMPLEX NO. 10 CONVENT ROAD, RICHMOND TOWN BANGALORE- 560025. …RESPONDENTS (R1 AND R2 ARE SERVED) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48322 CMP No. 156 of 2025 THIS CMP IS FILED UNDER SECTION 11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO, APPOINT A SOLE ARBITRATOR TO ARBITRATE UPON THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENTS ARISING OUT OF THE LEASE DEED DATED DECEMBER 06, 2017 (ANNEXURE A ) IN ACCORDANCE WITH CLAUSE 16 OF THE LEASE DEED DATED DECEMBER 06, 2017 AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; I) Appoint a Sole Arbitrator to Arbitrate upon the Disputes between the Petitioner and the Respondents arising out of the Lease Deed dated December 06, 2017 (Annexure A ) in accordance with Clause 16 of the Lease Deed dated December 06, 2017. II) Award costs of this instant Petition to the Petitioner herein; III) Grant such other relief’s as the Hon’ble High Court deems fit in the circumstances of the case, in the interests of justice and equity. 2. The petitioner and the respondent had entered into Lease Deed on 06.12.2017 which is governed by an Arbitration Clause in terms of Clause 16 thereof, which is reproduced hereunder for easy reference: - 3 - HC-KAR NC: 2025:KHC:48322 CMP No. 156 of 2025 “16. That it has been expressly agreed by and between the said PARTIES that in the event of any dispute(s) arising out of the terms and conditions of the LEASE DEED, the same shall be referred to the three Arbitrators Committee, one to be appointed each by the LESSORS and LESSEE and the third arbitrator shall be appointed by the two arbitrators so appointed. The decision of the Arbitrators Committee shall be final and binding on both PARTIES. The arbitration proceedings will be conducted in English language. The venue of arbitration proceedings will be Bangalore, India. The arbitration proceedings will be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments or re-enactment thereof.” 3. The dispute having arisen between the landlords and tenant, i.e., the respondents and the petitioner respectively. The petitioner invoked the arbitration clause and issued a notice on 17.10.2024 nominating the name of Ms.Rithika Ravikumar, Advocate as the sole arbitrator or in the absence thereof, treating the said arbitrator as the nominee of the petitioner. Notice having been served on the respondents, no reply has been received from the respondents. It is in that background, the petitioner has approached this Court seeking for the aforesaid reliefs - 4 - HC-KAR NC: 2025:KHC:48322 CMP No. 156 of 2025 4. Notice having been ordered, respondent Nos.1 and 2 having been served, but remained unrepresented. 5. A perusal of the arbitration clause extracted above clearly and categorically indicates that any dispute between the parties is required to be adjudicated by way of an arbitration where the proceedings to be held at Bengaluru. 6. Invocation of the arbitration clause having been made properly and notices having been served on the respondents, the respondents not having concurred or appointed their own nominee, I am of the considered opinion that this Court would have exercise power under Section 11 of the Arbitration and Conciliation Act, 1996, to appoint a nominee on behalf of the respondents. As such I pass the following: ORDER i. CMP is allowed. - 5 - HC-KAR NC: 2025:KHC:48322 CMP No. 156 of 2025 ii. Smt. Rahat Afshan .H.N. a former Senior Civil Judge of the District Judiciary, State of Karnataka, is appointed as nominee on behalf of the respondents. The nominee of the petitioner and the nominee of the respondents shall appoint the presiding arbitrator in terms of the afore-extracted Clause. iii. Arbitration to be carried out under the aegis of the Arbitration & Conciliation Centre attached to this Court. iv. The parties shall be present before the Director, Arbitration & Conciliation Centre without requirement of any further notice at 2.30 p.m. on 09.12.2025. v. All contentions are left open. vi. Registry is directed to return the original and/or certified copies, if produced, to the respective - 6 - HC-KAR NC: 2025:KHC:48322 CMP No. 156 of 2025 parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 50