- 1 - HC-KAR NC: 2025:KHC:51446 CMP No. 426 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 426 OF 2023 BETWEEN: BANGALORE METROPOLITAN TRANSPORT CORPORATION CENTRAL OFFICE, K.H. ROAD SHANNTHINAGAR BANGALORE - 560 027 REPRESENTED BY THE CHIEF LAW OFFICER SRI. T. VENKATESH …PETITIONER (BY SRI. B.S. SRINIVAS, ADVOCATE) AND: SRI. CHANDRASHEKAR A. BIRADAR NO.177/3B CROSS, SBI COLONY, VIJAYANAGAR GOKAK, BELGAUM - 591 307. …RESPONDENT (RESPONDENT SERVED) THIS CIVIL MISC. PETITION UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PROVIDED IN CLAUSE 57 OF AGREEMENT DATED 28/4/17 VIDE ANNEXURE-A AND PASS SUCH OTHER ORDERS AS THIS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51446 CMP No. 426 of 2023 HONBLE COURT DEEMS FIT, IN THE INTERESTS 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 relief: WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court may be pleased to appoint an arbitrator to adjudicate the dispute between the Petitioner and the Respondent as provided in clause 57 of the Agreement dated 28/04/2017 (Vide Annexure-A) and pass such other order/s as this Hon'ble Court deems fit, in the interest of justice and equity. 2. The petitioner and the respondent had entered into an agreement for establishment of free Wi-Fi (Internet Service) at 12 major Bus Stations of BMTC along with advertising rights. The said agreement is governed by an arbitration clause in terms of Clause 57 which is reproduced hereunder for easy reference: "57. Arbitration / Dispute Resolution System: In case of any dispute or differences arises on the terms and conditions of the tender or contract as the case may be, the matter shall be referred to Managing Director, BMTC, who shall either be the sole arbitrator or appoint a sole arbitrator to adjudicate the matter in accordance with the - 3 - HC-KAR NC: 2025:KHC:51446 CMP No. 426 of 2023 Arbitration and Conciliation Act-1996. The decision of the Managing Director, BMTC shall be final and binding on both the parties. Furthering which, any litigation arising out of the subject matter of this tender and the contract there of shall be limited to the exclusive jurisdiction of the Courts at Bengaluru." 3. The respondent not having taken any steps for appointment of an arbitrator, though the contention raised by the respondent was that the claims made by the petitioner in the said suit are governed by an arbitration clause, the petitioner is before this Court seeking for the aforesaid relief. 4. Notice having been ordered on the respondent, the respondent though served, has chosen to be unrepresented. 5. The existence of the arbitration clause not being in dispute, the respondent itself having contended that an arbitrator has to be appointed for the arbitral dispute and as such having filed Section 8 of the Act application, which came to be allowed, I am of the considered opinion that an independent arbitrator would have to be appointed, dehors the contents of clause 57 of the agreement. As such, I pass the following: - 4 - HC-KAR NC: 2025:KHC:51446 CMP No. 426 of 2023 ORDER i) The CMP is allowed. ii) Sri G.Nataraj, a learned advocate, No.90, 2nd Floor, 5th Cross Sampige Road, Near Malleshwaram Circle Malleshwaram, Bengaluru-560-003, Mob. No.9845172137, E-mail:nataraj1976@gmail.com, is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii) Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful. iv) Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any notice on 17.12.2025 at 2.30 p.m. v) All contentions are kept open. - 5 - HC-KAR NC: 2025:KHC:51446 CMP No. 426 of 2023 vi) Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 24 CT: BHK