- 1 - HC-KAR NC: 2025:KHC:41601 CMP No. 381 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 381 OF 2024 BETWEEN: SRI RAJKUMAR SHIVARAJ, S/O. SRI SHIVARAJ, AGED ABOUT 44 YEARS, R/O. HOUSE NO. 771, NEAR SHIVAJI CHOWK, JANWADA POST, BIDAR-585 402. …PETITIONER (BY SRI RAVI S K, ADVOCATE) AND: PINEHILL PROPERTIES PRIVATE LIMITED, REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 & 4, EMBASSY DIAMANTE, 34, VITTAL MALLYA ROAD, BANGALORE-560 001. ALSO AT: 500, EMBASSY CROWN, 24 AGA ABBAS ALI ROAD, BANGALORE-560 042. …RESPONDENT (BY SRI CHANDRA CHOODA R N, ADVOCATE FOR R-1) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THIS HON'BLE COURT MAY KINDLY BE PLEASED TO 1. ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 5.7 THE BOOKING AGREEMENT DATED 09.01.2017 AT ANNEXURE-A. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41601 CMP No. 381 of 2024 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: a. "Allow the present Civil Miscellaneous Petition and appoint a Sole Arbitrator under the Arbitration and Conciliation Act, 1996 in terms of Article 5.7 the Booking Agreement dated 09.01.2017 at Annexure- A. b. Grant such other relief, reliefs or Orders as this Court deems fit on the facts and circumstances of this case in the interest of Justice and equity." 2. It is submitted that Booking Agreement has been entered into between the parties. Article 5.7 of the same reads as under:- "Governing Law and Arbitration: This Agreement shall be governed by the laws of India. Any disputes or differences whatsoever between the Parties which cannot be settled by mutual discussions shall be settled by arbitration at Bangalore under and in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 by an arbitrator appointed by mutual agreement between the parties. If the parties are unable to agree upon an arbitrator, each party shall select an arbitrator and the two arbitrators shall appoint a third arbitrator. Subject to the above, the Courts at Bangalore shall have exclusive jurisdiction." - 3 - HC-KAR NC: 2025:KHC:41601 CMP No. 381 of 2024 3. Both the counsel further submits that in similar matters, Sri.H.R.Srinivas, former District Judge has been appointed as an Arbitrator to resolve the dispute between the parties. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Sri.H.R.Srinivas, former District Judge of the District Judiciary is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii) Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful. iv) Since the order is passed in the presence of all the counsel, they shall appear before the Director, Arbitration and Conciliation Centre - 4 - HC-KAR NC: 2025:KHC:41601 CMP No. 381 of 2024 without requirement of any notice on 27.10.2025 at 2.30 p.m. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 67