- 1 - HC-KAR NC: 2025:KHC:31812 CMP NO.211 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.211 OF 2024 BETWEEN: 1. MRS. LEENA SHAH W/O MR. MANISH KUMAR K. SHAH AGED ABOUT 68 YEAS, R/AT SREENIKETHAN, FLAT 2B, NEW NO.154, OLD NO.97, LUZ CHURCH ROAD, OPP. ANJANEYA KOVIL, MYLAPORE, CHENNAI - 600 004. REP. BY THE S.P.A. HOLDER SRI. PRASAD P.G. S/O SRI. P. ISHWARA SHASTRY, AGED ABOUT 50 YEARS, R/O NO.5, 1STMAIN, BRINDAVAN EXTENSION, ARAKERE MICO LAYOUT, B.G. ROAD, BENGALURU - 560 076. …PETITIONER (BY SRI. RAVI S.K., ADVOCATE) AND: 1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REGISTERED OFFICE AT: 8TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFILED, BENGALURU - 560 066. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31812 CMP NO.211 OF 2024 2. DOWNEY PROPERTIES PRIVATE LIMITED REP. BY BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALYA ROAD, BENGALURU - 560 001. 3. MITCON CREDENTIA TRUTEESHIP SERVICES LIMITED EARLIER KNOWN AS MITCON TRUSTEESHIP SERVICES LTD., REP. BY ITS BOARD OF DIRECTOR, HAVING ITS REG. OFFICE AT: KUBERA CHAMBERS, 1ST FLOOR, SHIVAJINAGAR PUNE - 411 005. …RESPONDENTS (BY SRI. SANTOSH S. NAGARALE, ADVOCATE FOR R1; R2 AND R3 SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF ARTICLE 10 OF THE MASTER SERVICES AGREEMENT DATED 31ST JULY, 2020 VIDE ANNEXURE-B; AND ETC. 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 is seeking appointment of Sole Arbitrator in terms of Article 10 of the Master Services Agreement dated 31st July, 2020 (Annexure-B) to resolve the dispute arising between the petitioner and respondents. - 3 - HC-KAR NC: 2025:KHC:31812 CMP NO.211 OF 2024 2. Heard Sri. Ravi S.K. learned counsel appearing for the petitioner and Sri. Santosh S. Nagarale, learned counsel appearing for the respondent No.1. 3. Learned counsel appearing for the parties submit that, in an identical circumstances, this Court in Civil Miscellaneous Petition No.382 of 2021 and connected petitions, by order dated 22nd February, 2022, appointed Sri. Vishwanath Angadi, retired District Judge to act as a Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru. 4. Having heard the learned counsel appearing for the parties and on careful examination of the order passed by this Court in the aforesaid petitions, I am of the view that the similar issue is involved in the case on hand. Accordingly, Sri. S.R. Somashekara, District Judge (Retired) is appointed to act as the Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru as per the extent Rules. 5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. - 4 - HC-KAR NC: 2025:KHC:31812 CMP NO.211 OF 2024 6. 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. 7. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE ARK