- 1 - HC-KAR NC: 2025:KHC:48330 CMP No. 663 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.663 OF 2025 BETWEEN: MATHRUSREE ENTERPRISES, A PROPRIETORSHIP CONCERN, REP. BY ITS PROPRIETOR, SMT. ANITHA KRISHNAMURTHY W/O H.SIDDARAJU - AGED ABOUT 47 YEARS, R/AT FLAT NO.502, A BLOCK, DIVYA MSR GATEWAY, MSR ROAD, GOKUL, BENGALURU 560 005. …PETITIONER (BY SRI. MALLIKARJUN.N.K., ADVOCATE) AND: 1. M/S.RECALL ANCIENT SOLUTIONS A PARTNERSHIP FIRM, REGD. UNDER THE PROVISIONS OF PARTNERSHIP ACT, HAVING ITS OFFICE AT PLOT NO.4-1-1007/28, FLAT NO.201 & 202, ENVIRON RESIDENCY, ENVIRON ESTATES, SRI. VIVEKANANDA NAGAR COLONY, BORABANDA, HYDERABAD-500 018. REPRESENTED BY ITS PARTNERS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48330 CMP No. 663 of 2025 2. SRI. PAGADALA RAVI KUMAR REDDY, AGED MAJOR S/O PAGADALA VENKATARAMANA REDDY, R/AT NO.14-20-677/20, TUNIKAPATI APPAIAH CHARI NILAYAM, NEAR AYYAPPA SWAMY TEMPLE, SRI VIVEKANANDA NAGAR, HYDERABAD-500 018 3. MISS. ASHA V.M., AGED MAJOR D/O SRI VIRUPAKSHA H.M. R/AT NO.4-1-1007, ENVIRON ESTATE, FLAT NO.301, 3RD FLOOR, SURIBABU HILLS, BORABANDA TO HI-TECH CITY, RAILWAY STATION ROAD, BORABANDA, HYDERABAD-500 018. …RESPONDENTS THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO (1) APPOINT A SOLE ARBITRATOR IN TERMS OF THE ARBITRATION CLAUSE 18 IN AGREEMENT OF FRANCHISE DATED 28.01.2021 VIDE ANNEXURE - A AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:48330 CMP No. 663 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: "(a) Appoint a Sole Arbitrator in terms of the Arbitration clause 18 in Agreement of Franchise dated 28.01.2021 vide ANNEXURE-A. (b) Direct the registry to return the Original Agreement of Franchise dated 28.01.2021 vide ANNEXURE-A, on disposal of the petition (c) Pass such other Orders as this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case." 2. The petitioner and the respondents entered into between the agreement of franchise, contending that the said agreement is governed by arbitration clause, the petitioner is before this court. Clause-18 which is stated to be an arbitration clause is reproduced herein under for easy reference: "18) Dispute resolution: In the event of any dispute arising under or by this agreement, the parties shall be at liberty to initiate appropriate proceedings in a Court of law at Hyderabad/Bengaluru including proceedings for arbitration." - 4 - HC-KAR NC: 2025:KHC:48330 CMP No. 663 of 2025 3. A perusal of the above said Clause-18 would indicate that in the event of any dispute arising under or by the agreement, the parties shall be at liberty to initiate appropriate proceedings in a Court of law at Hyderabad/Bengaluru including proceedings for arbitration. The said Clause in my considered opinion is not an agreement between the parties categorically agreeing to refer the matter to arbitration and the dispute to be adjudicated by the Arbitrator so appointed. Hence, the petition stands dismissed reserving liberty to the petitioner to approach the appropriate Court of law seeking for appropriate relief. SD/- (SURAJ GOVINDARAJ) JUDGE SMJ List No.: 1 Sl No.: 11