- 1 - HC-KAR NC: 2025:KHC:53671 CMP No. 648 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 648 OF 2025 BETWEEN: M/S EON ELEVATORS PVT LTD A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT 1956 HAVING ITS OFFICE AT 6A, CHANDHANA LAYOUT SRIGANDHA KAVAL, MAGADI MAIN ROAD, BENGALURU-560091 REP BY ITS MANAGER SUBRAMANIAN S S/O SIVARAMAN AGE ABOUT 40 YEARS …PETITIONER (BY SRI. S.RAJASHEKAR, ADVOCATE) AND: MR MAHESH GOVINDARAJU THE MANAGING DIRECTOR OF GOVIANU DEVELOPERS BANK OF BARODA BUILDILNG, GROUND FLOOR 385, 13TH CROSS ROAD, SADASHIVNAGAR BENGALURU 560080 …RESPONDENT (BY SRI. PRADEEP KUMAR P K, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT., PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES AND ALLOW THE SAID ARBITRATOR TO ENTER UPON THE REFERENCE AND ADJUDICATE THE DISPUTE BETWEEN THE PARTIES ARISING OUT OF THE AGREEMENT DATED 02.09.2024, VIDE ARBITRATION AT PAGE NO. 24 AT ANNEXURE A. 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:53671 CMP No. 648 of 2025 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Appoint an arbitrator to adjudicate the dispute between the parties and allow the said arbitrator to enter upon the reference and adjudicate the dispute between the parties arising out of the agreement dated 02.09.2024, vide arbitration at page no. 24 at Annexure A. b. Pass such an order as this Hon'ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice and equity. 2. An agreement having been entered into between the petitioner and respondent to supply of lifts, the same is governed by an arbitration Clause, which is reproduced hereunder for easy reference; ARBITRATION: Arbitration in the event of any dispute arising between the parties in respect of this contract, the same shall be conveyed to either party in writing. The same shall be referred to arbitration in accordance with provisions of the Indian Arbitration Act. All proceedings legal or amicable related to this contract shall be within the jurisdiction of Karnataka only. 3. The petitioner claiming that there are certain amounts due and payable by respondent to the - 3 - HC-KAR NC: 2025:KHC:53671 CMP No. 648 of 2025 petitioner had issued a notice on 18.10.2025 invoking the arbitration Clause and nominating its arbitrator. The said notice was returned “unclaimed” by the respondents. It is in that background, that the petitioner had approached this this Court. 4. Notice having been issued, respondent has entered appearance through his counsel. 5. Learned counsel for respondent submits that there being deficiency of service on part of the petitioner as regards the lifts supplied, the respondent has filed proceeding before the District Consumer Redressal Forum and as such an arbitrator cannot be appointed among the parallel proceedings. 6. I am unable to agree with submission of the learned counsel for the respondent inasmuch as the claim which has been made by respondent before the District Consumer Redressal Forum is as regards the deficiency of service, the claim which the petitioner - 4 - HC-KAR NC: 2025:KHC:53671 CMP No. 648 of 2025 intends to make before the Arbitrator is as regards the amounts due by the respondent to the petitioner. 7. Of course, deficiency of service would be a defence which would be available for the respondent before the arbitral Tribunal and mere filing of claim for recovery of money will not result in the same being allowed. 8. Considering that the petitioner cannot claim the amounts due, if any, before the District Consumer Redressal Forum and that the petitioner would have to initiate proceedings before the appropriate Forum, which in the present matter is the arbitral Tribunal on account of the arbitration agreement entered into between the parties, I am of the considered opinion petitioner cannot be deprived of such a arbitral proceedings. 9. At this stage, both the counsels submit that initially the matter may be referred to mediation and in the event of mediation not being successful, an arbitrator - 5 - HC-KAR NC: 2025:KHC:53671 CMP No. 648 of 2025 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 the Director, Karnataka Mediation Centre without requirement of any further notice at 02.30 p.m. on 12.01.2026. iii. In the event of mediation being successful, the successful mediation report to be placed before this Court. iv. 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 - 6 - HC-KAR NC: 2025:KHC:53671 CMP No. 648 of 2025 Arbitration and Conciliation Center attached to this Court. v. Shri S.G. Hiremath., former Senior Civil Judge is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court with the consent of both parties. vi. All contentions are kept open. vii. Original and/or certified copies if produced are directed to be returned to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 87