- 1 - HC-KAR NC: 2025:KHC:40480 CMP No. 348 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 348 OF 2024 BETWEEN: 1. SMT. RAKHI GARG, W/O MR. ARUN KUMAR GARG, AGED ABOUT 54 YEARS. 2. SRI ARUN KUMAR GARG, S/O LATE SURENDRA KUMAR GARG, AGED ABOUT 57 YEARS. BOTH ARE R/AT R-14/208, SECTOR-14, RAJ NAGAR, GHAZIABAD-201 002. REP. BY THEIR SPA HOLDER MR. PRADEEP C L, S/O SRI LOKESH C N, AGED ABOUT 42 YEARS, R/O NO.1031, 27TH MAIN ROAD, 9TH BLOCK, JAYANAGAR, BENGALURU-560 069 …PETITIONERS (BY SRI RAVI S K, ADVOCATE) AND: 1. IMPERIAL DWELLINGS PRIVATE LIMITED, REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG.OFFICE AT LEVEL 3 & 4, EMBASSY DIAMANTE, 34, VITTAL MALLYA ROAD, BANGALORE-560 001. 2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED, REP. BY ITS BOARD OF DIRECTORS, HAVING IN REG OFFICE AT #151, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40480 CMP No. 348 of 2024 9TH MAIN, 6TH SECTOR, HSR LAYOUT, BENGALURU-560 102. …RESPONDENTS (BY SRI SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R-1; SRI GIRI K, ADVOCATE FOR R-2) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS UNDER ARTICLE 5.7 OF THE BOOKING AGREEMENT DATED 29.04.2017 AT ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner are before this Court seeking for the following reliefs; 1) "Allow the present Civil Miscellaneous Petition and appoint a Sole Arbitrator under the Arbitration and Conciliation Act, 1996 in terms under Article 5.7 of the Booking Agreement dated 29.04.2017 at Annexure-B; and 2) Grant such other relief, reliefs or Orders as this Court deems fit on the facts and Circumstances of the Case in the interest of Justice and equity." 2. Both the counsel submit that the Arbitrator could be appointed. - 3 - HC-KAR NC: 2025:KHC:40480 CMP No. 348 of 2024 3. In that view of the matter, I pass the following: ORDER i. CMP is allowed. ii. Sri. Vishwanath V. Angadi, a retired District 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. 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 27.10.2025 at 2.30 p.m. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 71