- 1 - HC-KAR NC: 2025:KHC:45633 CMP No. 423 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 423 OF 2024 BETWEEN: M/S SPRINGBOARD SOLUTIONS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT E-3 RANI JHANSI ROAD JHANDEWALAN EAST CENTRAL DELHI NEW DELHI 110055 AND ITS OFFICE AT GOPALA KRISHNA COMPLEX 45/3 RESIDENCY ROAD MAHATMA GANDHI ROAD BENGALURU 560025 REP BY ITS REGIONAL HEAD SOUTH DIVISION MR PIYUSH JAIN. …PETITIONER (BY SRI. CHRISTOPHER E., ADVOCATE) AND: M/S MUDITA PROPERTIES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT FLAT NO.2 PARIJATHA APARTMENTS NO.45/1 RACE COURSE ROAD BENGALURU 560001 REP BY ITS DIRECTOR MR DAMODAR. …RESPONDENT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45633 CMP No. 423 of 2024 (RESPONDENT SERVED) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILATION ACT, 1996 PRAYING TO PASS AN ORDER CONSTITUTING AN ARBITRAL TRIBUNAL BY APPOINTING MR. B. SHIVALINGE GOWDA, RETIRED DISTRICT JUDGE, EMPANELED WITH THE ARBITRATION AND CONCILIATION CENTRE, BENGALURU (DOMESTIC AND INTERNATIONAL), AS THE SOLE ARBITRATOR FOR ADJUDICATING THE DISPUTES BETWEEN THE PARTIES, IN ACCORDANCE WITH CLAUSE 17.2 OF THE LEASE DEED DATED 08.02.2018, PRODUCED AT ANNEXURE B AND ETC. THIS CMP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. I.A.Nos.1 and 2 of 2024 are allowed. The production of Original Lease Deed at Annexure-B and the typed copies of Annexures-A to C and J are dispensed with. 2. The Petitioner is before this Court seeking for the following reliefs: a. Pass an order constituting an Arbitral Tribunal by appointing Mr. B. Shivalinge Gowda, Retired District Judge, empaneled with the Arbitration and Conciliation Centre, Bengaluru (Domestic and International) as the Sole Arbitrator for adjudicating the disputes between the parties, in accordance with clause 17.2 of the Lease Deed dated 08.02.2018, produced at Annexure-B. b. Pass such other or further orders this Hon’ble Court may deem fit in the facts and circumstances of this - 3 - HC-KAR NC: 2025:KHC:45633 CMP No. 423 of 2024 case or as per the Arbitration clauses referred to above, in the interest of justice and equity. 3. The Petitioner and the Respondent having entered into a lease deed on 8.2.2018, which is governed by an arbitration clause in terms of Clause 17.2, which reads as under:- “17.2 If any Dispute arising between the Parties is not amicably settled within 15 (fifteen) days of commencement of amicable attempts to settle the same as provided above, the Dispute shall be referred to, and be finally settled by binding arbitration by a sole arbitrator to be jointly appointed both the parties. The Parties agree that the arbitration proceedings shall be conducted only at Delhi in the English language, and shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory re- enactment or modification thereof for the time being in force.” 4. There being certain dispute between the parties, the Petitioner invoked the arbitration clause vide its notice dated 23.5.2023. Though notice served on the Respondent, the Respondent did not concur with the appointment of the arbitrator. Hence, the Petitioner is before this Court seeking for the aforesaid reliefs. - 4 - HC-KAR NC: 2025:KHC:45633 CMP No. 423 of 2024 5. Notice having been issued to the respondent, respondent though served has chosen to be unrepresented. 6. In similar matters between the same parties, this Court vide its orders dated 17.10.2025 in CMP No.397/2024 and 21.2.2025 in CMP No.399/2025 has appointed an arbitrator. In that view of the matter, the parties being one and the same, I deemed it fit to appoint the very same learned Judge as an arbitrator to arbitrate the disputes between the parties. As such, I pass the following: ORDER i) CMP is allowed. ii) Sri B. Shivalingegowda, retired 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. - 5 - HC-KAR NC: 2025:KHC:45633 CMP No. 423 of 2024 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 without requirement of any notice on 27.11.2025 at 2.30 p.m. v) All the contentions are left open. vi) Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE PRS / List No.: 1 Sl No.: 46