- 1 - NC: 2025:KHC:5645 CMP No. 40 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 40 OF 2024 BETWEEN: M/S. FRESHTOHOME FOODS PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF COMPANIES ACT 1956 HAVING ITS CORPORATE OFFICE AT NO.201, A BLOCK, CARLTON TOWERS, NO.1, OLD AIRPORT ROAD BANGALORE - 560 008, REPRESENTED BY ITS GENERAL MANAGER, MR. SURESH PARAMESHWARAN …PETITIONER (BY SRI. ROSHAN M.C, ADVOCATE) AND: SRI. D.S. SHIVARUDRAPPA, AGED ABOUT 45 YEARS, S/O SUBBANNA, R/AT NO.40, 1ST MAIN ROAD, SIR M.V. LAYOUT, THINDLU BANGALORE NORTH, VIDYARANYAPURA, BANGALORE - 560 097, PAN BBXPS6886F …RESPONDENT (RESPONDENT - SERVED) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5645 CMP No. 40 of 2024 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO 1. EXERCISE ITS JURISDICTION AND POWER UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT AN ARBITRATOR SO AS TO ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT IN THE AGREEMENT OF SALE DATED 05.07.2019 AS PER CLAUSE 14 OF THE SAID AGREEMENT ANNEXED TO THIS PETITION AS ANNEXURE A. 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(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of sole Arbitrator to resolve the dispute and difference between the parties in terms of Agreement of Sale dated 05.07.2019. 2. Respondent on receipt of notice, has chosen not to contest this Civil Miscellaneous Petition. - 3 - NC: 2025:KHC:5645 CMP No. 40 of 2024 3. The present Civil Miscellaneous Petition has been filed by the petitioner based on the Agreement of Sale executed between the petitioner and the respondent, which contains an arbitration clause under Clause 14 of the agreement. The petitioner contends that the respondent had entered into an agreement with the petitioner, agreeing to sell a specific immovable property for a total sale consideration of Rs.1,49,10,000/-, along with an additional sum of Rs.63,90,000/-. As per the terms of the agreement, the transaction was to be completed within a stipulated period of nine months, subject to the condition that the respondent would obtain all necessary Government approvals. 4. The petitioner alleges that the respondent failed to fulfill his contractual obligations by not securing the required Government approvals within the agreed timeframe. Consequently, the petitioner issued a notice of termination on 09.08.2022, which was duly acknowledged by the respondent. Furthermore, the petitioner asserts - 4 - NC: 2025:KHC:5645 CMP No. 40 of 2024 that the respondent had expressly agreed to refund an advance amount of Rs.18,00,000/-. However, despite multiple requests and follow-ups, the respondent has failed to repay the said amount. 5. In view of the respondent’s inaction and failure to adhere to the contractual terms, the petitioner, invoking the arbitration clause under Clause 14 of the agreement and in accordance with Section 21 of the Arbitration and Conciliation Act, 1996, issued a notice proposing the appointment of an Arbitrator to resolve the dispute. However, the respondent did not respond to the said notice, nor did he take any steps to address the grievance raised by the petitioner. Left with no alternative, the petitioner has now approached this Hon’ble Court by way of the present petition, seeking appropriate relief. 6. After thorough scrutiny of petition, annexures and supporting documents, this Court is satisfied that the agreement of sale provides resolution of dispute by way of arbitration which is indicated in Clause 14 of the - 5 - NC: 2025:KHC:5645 CMP No. 40 of 2024 agreement. Notice has been issued suggesting appointment of an Arbitrator for resolution of dispute. Therefore, this Court is satisfied that the petitioner has complied with procedural requirements as stipulated under Section 11(4) of the Arbitration and Conciliation Act. 7. In the light of the aforesaid arbitration clause and contentions advanced by the petitioner, this Court proceeds to pass the following: ORDER (i) The Civil Miscellaneous Petition is allowed appointing Sri.Justice T.G.Shivashankare Gowda, Former Retired High Court Judge as the sole Arbitrator to enter reference of the disputes between the petitioner and the respondent and conduct proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, according to the Rules governing the said Arbitration Centre. - 6 - NC: 2025:KHC:5645 CMP No. 40 of 2024 (ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings. (iii) The Office is directed to communicate this order to the Arbitration and Conciliation Centre and to Sri.Justice T.G.Shivashankare Gowda, Former Retired High Court Judge, as required under the Arbitration and Conciliation Centre Rules, 2012. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BNV List No.: 3 Sl No.: 22 CT: BHK