- 1 - HC-KAR NC: 2025:KHC:42548 CMP No. 36 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. 36 OF 2025 BETWEEN: M/S EMTICI ENGINEERING LIMITED HAVING ITS REGISTERED OFFICE AT, ANAND SOJITRA ROAD, VALLABHA VIDHYANAGAR, ANAND DISTRICT, GUJARAT 388120 REPRESENTED BY AUTHORISED SIGNATORY MR R HARIDOSS …PETITIONER (BY SRI. ANAND R V., ADVOCATE) AND: M/S NISTONE FINSERY PVT LTD HAVING ITS REGISTERED OFFICE AT IMPERIAL COURT, CUNNINGHAM ROAD, BENGALURU - 560052. REPRESENTED BY ITS DIRECTOR. …RESPONDENT (BY SRI. SIDDHARTH SUMAN.,ADVOCATE) THIS CMP IS FILED UNDER SEC.11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR UNDER THE PROVISIONS OF ARBITRATION AND CONCILIATION ACT 1996, AND / OR BY REFER THE DISPUTE TO ARBITRATION AND CONCILIATION CENTRE BENGALURU (FOR DOMESTIC AND INTERNATIONAL) THE ARBITRATION CENTRE ATTACHED TO THIS HONBLE COURT AS PER CLAUSE 21 OF LEASE DEED DATED 30.10.2021 REGISTERED AS DOCUMENT NO. SHV -1- 04090-2021-22 STORED IN CD NO. SHVD 982 IN THE OFFICE OF SENIOR SUB-REGISTRAR SHIVAJINAGAR VIDE ANNEXURE A AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42548 CMP No. 36 of 2025 THIS CMP, COMING ON FOR HEARING, 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. To appoint a Sole Arbitrator under the provisions of Arbitration and Conciliation Act, 1996 and/or by refer the dispute to “Arbitration and Conciliation Centre- Bengaluru (For domestic & International)” the arbitration center attached to this Hon’ble Court as per clause 21 of Lease Deed dated 30.10.2021 registered as Document No. SHV-1-04090-2021-22 stored in CD No. SHVD982 in the office of Senior Sub-Registrar Shivajinagar vide Annexure-A; b. Any further orders be made and directions to be given as to this Hon’ble Court may deem fit and proper in the interest of justice and equity. 2. Both the counsels submit that the matter could be referred to mediation to try and explore the possibility of arriving at amicable resolution and in the event of amicable resolution not possible, an Arbitrator could be appointed. 3. In that view of the matter, I pass the following: ORDER - 3 - HC-KAR NC: 2025:KHC:42548 CMP No. 36 of 2025 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. The parties are directed to appear before the Director, Karnataka Mediation Centre on 6.11.2025 at 02.30 p.m. 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, Mediation Centre, is directed to forward the copy of the file to the Director, Arbitration and Conciliation Centre. vi) Sri.A.V.Vaidya, a Senior Civil 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. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 104