Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:46773 CMP No. 499 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 499 OF 2025 BETWEEN:
M/S. SMARTWORKS COWORKING SPACES LTD .
AN INCORPORATED COMPANY HAVING ITS REGISTERED OFFICE AT- UNIT NO. 305-310, PLOT NO. 9, 10 AND 11, VARDHMAN TRADE CENTRE, NEHRU PLACE, NEW DELHI - 110 019
ALSO AT PRESTIGE ZEENATH, RAJA RAM MOHAN ROY ROAD, SAMPANGI RAMA NAGAR, BENGALURU -560001 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. BASAVARAJ CHANNAVEERAPPA MOORASHILLIN …PETITIONER (BY SRI. SUDHINDRA MURTHY V, ADVOCATE) AND:
M/S. BRANE ENTERPRISES PVT. LTD.
REGD. OFFICE AT SHANNON CENTER, FLOOR NO.3 AND 4, BUILDING NO.3A, RAHEJA MINDSPACE IT PARK ST NO.64, TSIIC, MADHAPUR, SERILINGAMPALLY MANDAL HYDERABAD-500081 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE …RESPONDENT (BY SRI.MAYANK KUMAR, ADVOCATE)
THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO ALLOW THE PRESENT PETITION AND APPOINT A SOLE ARBITRATOR FOR ADJUDICATION OF DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES IN TERMS OF THE SERVICE CONTRACT DATED 15.04.2024 CLAUSE 12.2 (ANNEXURE A) IN THE INTEREST OF JUSTICE.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:46773 CMP No. 499 of 2025
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: a. Allow the present petition and appoint a Sole Arbitrator for adjudication of disputes that have arisen between the parties in terms of the Service Contract dated 15.04.2024 Clause 12.2 (Annexure A) in the interest of justice.
b. Pass such other order(s) as this Hon'ble Court deems fit to grant in the circumstances of the case, including an
order as to the costs of the present petition, in the interest of justice and equity.
2. The Petitioner and the respondent entered into a service contract on 15.04.2024. The said agreement is governed by an arbitration clause in terms of Clause 12, which reads as under:-
12. Dispute Resolution:
1. In case of any dispute, the same shall be referred to Arbitration under the Arbitration & Conciliation Act, 1996 or any re-enactment thereof:
2. the Courts at Bangalore shall have exclusive jurisdiction to deal with any disputes between the Parties.
- 3 -
HC-KAR NC: 2025:KHC:46773 CMP No. 499 of 2025
3. There being certain dispute between the parties, notices were exchanged. The petitioner finally invoked the arbitration clause vide its notice dated
6.12.2024.
The said notice having been communicated by way of email, response has been received by the respondent on 4.1.2025, submits that it would be advisable to explore alternative methods to address the issue as the arbitration does not appear viable. In that background, the petitioner is before this Court seeking for the aforesaid reliefs.
4. Notice having been issued to the respondent, respondent has chosen to be unrepresented.
5. Having perused the documents, it is clear that there is a service contract/agreement between the petitioner and the respondent which is governed by an arbitration clause. The invocation made by the petitioner of the arbitration clause is proper and correct. The same having been served on the respondent has been also replied to by the
- 4 -
HC-KAR NC: 2025:KHC:46773 CMP No. 499 of 2025
respondent. In that view of the matter, I pass the following:
ORDER i) CMP is allowed. ii) Shri Justice L. Sreenivasa Reddy, former judge of this Court is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. 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 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.: 68