- 1 - HC-KAR NC: 2025:KHC:42236 CMP No. 388 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. 388 OF 2025 BETWEEN: M/S. SHREE VAIKUNTAM LIFE SPACES PVT. LTD., REGISTERED OFFICE AT NO. 10-10-427/1, LAXMAN COMMERCIAL COMPLEX, GOLIKATTA BAZAR, BUNDER, MANGALURU-575001. REP. BY ITS MANAGING DIRECTOR MR. KARKALA ANANTH KAMATH. …PETITIONER (BY SRI RAKESH KINI, ADVOCATE) AND: 1. MRS. VATHSALA CHANDRASHEKAR, AGED ABOUT 69 YEARS, W/O. K. CHANDRASHEKAR, R/AT 7-40/1, BELLI CHUKKI, B 6TH CROSS, KODIKAL, MANGALURU-575 006. 2. MR. VIKAS KULAI, AGED ABOUT 43 YEARS, S/O. CHANDRASHEKAR KULAI & VATSALA CHANDRASHEKAR, R/AT FLAT NO. A-803, GUNDECHHA HILLS, CHANDIVALI ROAD, POWAI, MUMBAI SUBURBAN, M.H-400072. 3. MR. PRABHAS KULAI, AGED ABOUT 39 YEARS, S/O. CHANDRASHEKAR KULAI & VATSALA CHANDRASHEKAR, R/AT FLAT NO.B 3, Y D HOMES, 3RD MAIN ROAD, GOPAL REDDY LAYOUT, DODDA BANASAWADI, KALYANANAGAR, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42236 CMP No. 388 of 2025 BENGALURU-KARNATAKA-560 043. …RESPONDENTS (BY SRI DHANANJAY KUMAR, ADVOCATE FOR R-1 TO R-3) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF CLAUSE 24 OF THE AGREEMENT DATED 29.05.2023 (DOCUMENT NO.1) AND AS PER THE ARBITRATION NOTICE DATED 02.04.2025 ISSUED BY THE PETITIONER AT (DOCUMENT NO.5) FOR THE PURPOSES OF ADJUDICATING THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT. 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. "Appoint a sole Arbitrator in terms of Clause 24 of the Agreement dated 29.05.2023 (Document No.1) and as per the Arbitration Notice dated 02.04.2025 issued by the Petitioner at (Document No.5) for the purposes of adjudicating the dispute between the Petitioner and the Respondent; 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. After arguing for sometime, both the counsels submit the matter could be referred to arbitration of a sole - 3 - HC-KAR NC: 2025:KHC:42236 CMP No. 388 of 2025 arbitrator, by leaving all the conditions open and the arbitration being held in Mangalore city. 3. In that view of the matter, I pass the following; ORDER i. CMP is allowed. ii. Sri.Moosa Kunhi Nayarmoole., a former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties, the arbitration proceedings to be conducted in Mangalore city. iii. All contentions are left open to be decided by the learned arbitrator. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 88