- 1 - HC-KAR NC: 2025:KHC:42238 CMP No. 253 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. 253 OF 2025 BETWEEN: M/S GRAFIPRINT PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT #97, RESIDENCY ROAD, BENGALURU- 560025. REP. BY ITS DIRECTOR, MR. T.K CHANDRA MOULI …PETITIONER (BY SRI PRAJWAL B PATIL, ADVOCATE) AND: M/S. DWIJA CONSERVATION SOCIETY OF ART AND CULTURAL HERITAGE, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE PRESENTLY AT RESIDENCY ROAD, BENGALURU- 560 025. …RESPONDENT (RESPONDENT SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO APPOINT A RETIRED HIGH COURT JUDGE, AS THE SOLE ARBITRATOR TO ADJUDICATE ALL CLAIMS, DISPUTES, BETWEEN THE PARTIES ARISING OUT OF THE MEMORANDUM OF UNDERSTANDING VIDE ANNEXURE - B DATED 13.07.2023, AS PER CLAUSE NO.9 OF THE SAID AGREEMENT, IN ACCORDANCE WITH THE PROVISIONS OF PROCEDURE OF THE INDIAN ARBITRATION AND CONCILIATION ACT, 1996, INCLUDING ANY AMENDMENTS THEREOF. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42238 CMP No. 253 of 2025 THIS PETITION, COMING ON FOR ORDERS, 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. "Appoint a retired High Court Judge, as the sole arbitrator to adjudicate all claims, disputes, between the Parties herein arising out of the Memorandum of Understanding vide Annexure - "B" dated 13.07.2023, as per Clause no.9 of the said Agreement, in accordance with the provisions of Procedure of the Indian Arbitration and Conciliation Act, 1996, including any amendments thereof; and b. To grant such other relief or reliefs as this Hon'ble Court may deem fit in the interest of justice and equity." 2. The petitioner and respondent had entered into a Memorandum of Understanding (for short herein after referred to as “MOU”) on 13.07.2023 which is governed by an arbitration Clause in terms of Clause 9 thereof, which is reproduce hereunder for easy reference; CLAUSE-9: In the event of any question, dispute, or difference arising between the parties regarding any matter related to or arising out of this MOU, either party may notify the other party in writing about the existence of such a question, dispute, or - 3 - HC-KAR NC: 2025:KHC:42238 CMP No. 253 of 2025 difference. The matter shall then be referred to an arbitrator agreed upon by both parties. The decision of the arbitrator shall be final and binding on the parties, and they shall accept it. This arbitration reference shall be considered as a reference under the provisions of the Indian Arbitration Act, 1940, and its associated rules, including any statutory modifications or re- enactments made from time to time. The costs of arbitration shall be borne by the parties as determined by the arbitrator. In the case of a legal dispute, the jurisdiction for legal proceedings shall be Bangalore. 3. There being certain dispute between the parties as regards payment due from respondent to the petitioner. The petitioner issued a notice on 01.04.2025 invoking the arbitration Clause and nominating an arbitrator. The said notice though served on the respondent, there is no reply on behalf of respondent. It is in that background, that the petitioner approached this Court. 4. This Court having ordered notice on the respondent, the respondent has refused the receipt of the notice which had been issued and as such the notice in respect of respondent has been held sufficient. - 4 - HC-KAR NC: 2025:KHC:42238 CMP No. 253 of 2025 5. Having heard the learned counsel for the petitioner and having perused the MOU, it is clear that the relationship between the parties is governed by the said Arbitration Clause 9 which has been reproduced hereinabove requiring all disputes between the parties to be adjudicated by sole arbitrator, so appointed. 6. The respondent not having accepted nomination of the arbitrator so nominated by the petitioner, I pass the following; ORDER i. CMP is allowed. ii. Sri.Rishabh Raj Thakur., No.117, Ashwin Arcade, 3rd Floor, Sanjay Nagar Main Raod, RMV 2nd Stage, Bengaluru-560094, an advocate practicing before 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. - 5 - HC-KAR NC: 2025:KHC:42238 CMP No. 253 of 2025 iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. The order is passed in the presence of learned counsel for the petitioner, learned counsel for the petitioner shall appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 06.11.2025. v. All contentions are kept open. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 77