- 1 - HC-KAR NC: 2025:KHC:32080 CMP No. 234 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 234 OF 2024 BETWEEN: 1. M/S EQUINOX PROJECTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT, 3RD FLOOR, NO. 1139, MARUTHI COMPLEX, 3RD STAGE, BEML LAYOUT, RAJARAJESHWARINAGAR, BENGALURU - 560 098. REPRESENTED BY ITS MANAGING DIRECTOR, AND AUTHORIZED REPRESENTATIVE, MR. PANNA ROY. …PETITIONER (BY MS. LAVANYA B. ANANTHAN, ADVOCATE FOR SRI. MOHAMMED SHAMEER, ADVOCATE) AND: 1. M/S. JANAV CONSTRUCTION PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE, COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT, G 3, AKSHAYA APARTMENT, 39/19, 3RD MAIN ROAD, NANGANALLUR, CHENNAI, TAMIL NADU - 600 061. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32080 CMP No. 234 of 2024 REPRESENTED BY ITS MANAGING DIRECTOR. MR. S. APPAN. …RESPONDENT (V/O DATED 17.04.2025 SERVICE FO NOTICE ON RESPONDENT IS HELD SUFFICIENT) THIS CMP IS FILED UNDER SECTION 11 (5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH RULE 2 OF THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT SCHEME, 1996, PRAYING TO APPOINT MR. KUKKAJE RAMAKRISHNA BHAT OR ANY OTHER FIT PERSON AS A SOLE ARBITRATOR TO ADJUDICATE AND DECIDE THE DISPUTES AND DIFFERENCES BETWEEN THE PETITIONER AND THE RESPONDENT IN CONNECTION WITH MOU DATED 03.02.2022 WITH THE SEAT AND VENUE OF THE ARBITRATION PROCEEDINGS BEING IN BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner has sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Memorandum of Understanding dated - 3 - HC-KAR NC: 2025:KHC:32080 CMP No. 234 of 2024 03.02.2022 in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 2. Heard the learned counsel appearing for the parties. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, and upon perusal of Clause 11 of Memorandum of Understanding dated 03.02.2022, I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties. 3. Accordingly, this petition is filed under Section 11 (6) of the Act, 1996 is allowed. Sri. Kukkaje Ramkrishna Bhat, retired District Judge, is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the - 4 - HC-KAR NC: 2025:KHC:32080 CMP No. 234 of 2024 present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. 4. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal. 5. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter. 6. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 8