- 1 - HC-KAR NC: 2025:KHC:42237 CMP No. 324 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 324 OF 2025 BETWEEN: M/S. KIDS CLINIC INDIA LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT #1533, 9TH MAIN, 3RD BLOCK, JAYANAGAR, BENGALURU-560 011. REP. BY ITS AUTHORISED SIGNATORY SRI HANUMANTGOUDA. …PETITIONER (BY SRI ARCHANA K.M, ADVOCATE) AND: DR. PRATHIBA SINGHAL, AGE NOT KNOWN, R/AT E-155, SECTOR-20, NOIDA, UTTAR PRADESH - 201 301. …RESPONDENT (BY SRI MADHUR A KALYANSHETTY, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE 18 IN THE CONSULTANCY AGREEMENT DATED 16.11.2024 AT ANNEXURE A AND FOR SUCH OTHER ORDERS DIRECTIONS ETC. THAT THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42237 CMP No. 324 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; "WHEREFORE, the petitioner prays that the Hon'ble Chief Justice be pleased to exercise the power under Section 11(6) of the Arbitration & Conciliation Act, 1996 and appoint a suitable person as Arbitrator in pursuance of arbitration clause 18 in the Consultancy Agreement dated 16.11.2024 at Annexure-A and for such other orders directions etc. that this Hon'ble court may deem fit in the facts and circumstances of the case, in the interest of justice and equity." 2. After arguing for sometime, both counsels submit that initially the matter may be referred to mediation and in the event of mediation not being successful, an arbitrator could be appointed. In that view of the matter, I pass the following: ORDER i. CMP is allowed. ii. The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. Since, order is passed in the presence of both the counsels they shall appear before - 3 - HC-KAR NC: 2025:KHC:42237 CMP No. 324 of 2025 the Director, Karnataka Mediation Centre without requirement of any further notice at 02.30 p.m. on 06.11.2025. iii. All contentions are kept open. iv. In the event of mediation being successful, the successful mediation report to be placed before this Court. v. In the event of mediation not being successful, the Director of Mediation Center is directed to forward the copy of the file to the Director of Arbitration and Conciliation Center attached to this Court. vi. Sri.Rajashekar Venkanagouda Patil, a former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 80