- 1 - NC: 2025:KHC:7967 CMP No. 178 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 178 OF 2024 BETWEEN: M/S. EDUCATION DESIGN ARCHITECTS INDIA (P) LTD., A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.590, 12TH MAIN, INDIRANAGAR, BANGALORE - 560 038, REPRESENTED BY ITS MANAGING DIRECTOR MR. BIPIN BHADRAN. …PETITIONER (BY SRI. RAGHAVENDRA S, ADVOCATE) AND: 1. M/S. SHREE SHARADA EDUCATIONAL TRUST, HAVING ITS REGISTERED ADDRESS AT S.F. NO. 606/2A, 2B, MARUTI GREENFIELDS, KASARAGATTA VILALGE, HOSUR - 635 130, REPRESENTED BY ITS CHAIRMAN MR. CHANDRASHEKHAR. 2. MR. CHANDRASHEKHAR S.F. NO. 606/2A, 2B, MARUTI GREENFIELDS, KASARAGATTA VILLAGE, HOSUR - 635 130. …RESPONDENTS (R1 AND R2 ARE SERVED) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7967 CMP No. 178 of 2024 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND (6), PRAYING TO APPOINT A SOLE ARBITRATOR FOR ADJUDICATION OF THE DISPUTE THAT HAS ARISEN BETWEEN THE PARTIES HEREIN IN ACCORDANCE WITH CLAUSE 10.0 AT PAGE 6 OF THE AGREEMENT DATED 26-06-2019 AT ANNEXURE-A AND PASS SUCH OTHER OR FURTHER ORDER/S AS THIS HONBLE COURT DEEMS FIT AND NECESSARY ON THE FACTS AND CIRCUMSTANCES OF THE ABOVE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This Civil Miscellaneous Petition is filed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 ( for short, 'Act') seeking appointment of a sole arbitrator to resolve the dispute and difference between the parties herein in terms of clause 10.0 at page 6 of the agreement dated 26.06.2019 vide Annexure-A. 2. Respondents are served and they have not chosen to contest the proceedings. - 3 - NC: 2025:KHC:7967 CMP No. 178 of 2024 3. The petitioner, relying on an agreement dated 26.06.2019, has invoked the arbitration clause, alleging that the respondents owe a sum of 66,48,659. The petitioner, who identifies as a designer, contends that he has duly completed the work assigned by the respondents. Consequently, he asserts that the respondents are liable to pay the aforementioned amount and has issued a legal notice to this effect on 05.04.2023. 4. Upon examination of the respondents' reply, as evidenced by Annexure-N, it is clear that the respondents acknowledge the existence of an arbitration clause. However, in their response, the respondents have raised reservations regarding the arbitrator nominated by the petitioner, despite the notice being issued under Section 21 of the Arbitration and Conciliation Act. 5. On closer examination of the records, this Court is of the view that the petitioner has satisfied the mandate provided under Section 11(4) of the Arbitration and Conciliation Act. Since the existence of an arbitration - 4 - NC: 2025:KHC:7967 CMP No. 178 of 2024 clause is acknowledged by the respondents, this Court passes the following: ORDER (a) The petition is allowed appointing Shri G.Raghavendra Rao, Retired District Judge, as the sole arbitrator to enter reference of the disputes between the petitioner and the respondents and conduct proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre. (b) All contentions inter se parties are left open for adjudication in the arbitration proceedings. (c) The office is directed to communicate this order to the Arbitration and Conciliation - 5 - NC: 2025:KHC:7967 CMP No. 178 of 2024 Centre and to Shri G.Raghavendra Rao, Retired District Judge, as required under the Arbitration and Conciliation Centre Rules, 2012. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 3 Sl No.: 4 CT: BHK