- 1 - HC-KAR NC: 2025:KHC:44223 CMP No. 220 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 220 OF 2025 BETWEEN: M/S SHUBSAN HOSPITALITY SERVICES LLP, A LIMITED LIABILITY PARTNERSHIP FIRM, HAVING REGISTERED OFFICE AT SS ARCADE, NO. 29/1, 1ST CROSS, JC ROAD, LALBAGH ROAD, NEAR JAIN COLLEGE, BENGALURU - 560002. REP. BY ITS PARTNER, MR. SHUBHAM LOHIYA. …PETITIONER (BY SRI SAKET BISANI, ADVOCATE) AND: 1. SMT. LALITHA @ LALITHAMMA, AGED ABOUT 73 YEARS, W/O SRI. K.V. ASHWATHNARAYANA, R/AT SY NO. 125/2, KHATA NO. 137, KAMMANAHALLI VILLAGE, BEGUR HOBLI, BENGALURU SOUTH - 560 076. 2. SRI K.A ARUNA SIMHA, AGED ABOUT 49 YEARS, S/O SRI K.V. ASHWATHNARAYANA, R/AT SY NO. 125/2, KHATA NO. 137, KAMMANAHALLI VILLAGE, BEGUR HOBLI, BENGALURU SOUTH - 560076. 3. SRI K A KIRAN, AGED ABOUT 41 YEARS, S/O SRI.K.V. ASHWATHNARAYANA, R/AT SY NO. 125/2, KHATA NO. 137, KAMMANAHALLI VILLAGE, BEGUR HOBLI, BENGALURU SOUTH - 560 076. …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44223 CMP No. 220 of 2025 (BY SRI SAMEER S N, ADVOCATE FOR R-1 TO R-3) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO APPOINT AN INDEPENDENT COMPETENT AND IMPARTIAL PERSON HAVING KNOWLEDGE IN THE MATTER OF CONTRACTS AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT VIDE ANNEXURE - A THE LEASE AGREEMENT DATED 14.01.2020 IN TERMS OF THE ARBITRATION CLAUSE 20 THEREIN, IN THE INTEREST OF JUSTICE AND EQUITY. 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; "WHEREFORE, the Petitioner humbly prays that this Hon'ble Court may be pleased to appoint an independent, competent and impartial person having knowledge in the matter of contracts as Sole Arbitrator to adjudicate the dispute between the Petitioner and the Respondent vide ANNEXURE - A the lease agreement dated 14.01.2020 in terms of the Arbitration Clause 20 therein, in the interest of justice and equity." 2. After arguing for sometime, both counsels submit that initially the matter may be referred to mediation and in the event of mediation not being successful, an arbitrator could be appointed. In that view of the matter, I pass the following: - 3 - HC-KAR NC: 2025:KHC:44223 CMP No. 220 of 2025 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 12.11.2025. 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 Arbitration and Conciliation Center attached to this Court. v. Sri.M.S. Balakrishna., a former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of - 4 - HC-KAR NC: 2025:KHC:44223 CMP No. 220 of 2025 the Arbitration Centre attached to this Court with the consent of both parties. vi. All contentions are kept open. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 70