- 1 - HC-KAR NC: 2025:KHC:46841 CMP No. 279 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 279 OF 2025 BETWEEN: 1. ARISUNITERN RE SOLUTIONS PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO. 137/34 11TH FLOOR, HMG AMBASSADOR RESIDENCY ROAD, BENGALURU-560025 REP. BY ITS AUTHORIZED SIGNATORY RITESH SINGAL …PETITIONER (BY SRI. ABHISHEK N V.,ADVOCATE) AND: 1. MRS. KAVTIHA REDDY V W/O MR. A. RAMA REDDY MAJOR IN AGE NO. 28, I STAR BUILDING 2ND FLOOR, KORAMANGALA 4TH BLOCK 100 FEET RING ROAD BENGALURU-56003. 2. M/S PIONIER PROJECT A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT 28, I STAR BUILDING, 2ND FLOOR KORAMANGALA 4TH BLOCK 100 FEET RING ROAD BENGALURU-560 034 REP. BY ITS PARTNER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46841 CMP No. 279 of 2025 …RESPONDENTS (BY SRI. V B SHIVAKUMAR., ADVOCATE R1 & R2) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO ALLOW THE ABOVE PETITION AND APPOINT MR.DEEPAK BHASKER, ADVOCATE NO 410, LEVEL FOUR, PRESTIGE CENTRE POINT, CUNNINGHAM ROAD, VASANTH NAGAR, BANGALORE 560052 AS THE SOLE ARBITRATOR AS PER THE ARBITRATION CLAUSE (UNDER THE HEAD MISCELLANEOUS) CONTAINED IN THE SALES AND MARKETING SERVICE AGREEMENT DATED 10.06.2024 AT ANNEXURE A AND ETC. 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 are before this Court seeking for the following reliefs; “a. Allow the above petition. b. Appoint Mr.Deepak Bhasker, Advocate no 410, level four, prestige centre point, Cunningham road, Vasanth nagar, Bangalore 560052 as the sole arbitrator as per the arbitration clause (under the head miscellaneous) contained in the sales and marketing service agreement dated 10.06.2024 at Annexure-A. c. Constitute an arbitral Tribunal to decide the matter in issue between the petitioner and respondents. d. Pass any such other order or direction that this Hon’ble Court deems fit, in the interest of justice and equity.” 2. The Petitioner and Respondents had entered into Sales and Marketing Service Agreement on - 3 - HC-KAR NC: 2025:KHC:46841 CMP No. 279 of 2025 10.06.2024, the same is governed by an Arbitration Clause, which is reproduced hereunder for easy reference: “That, any disputes or differences arising out of or in relation to this SERVICE AGREEMENT, shall be settled at first instance expeditiously and fairly by the Parties hereto. If the same fails, there shall be referred to mediation proceedings as per the provisions of the Arbitration and Conciliation Act of 1996, each parties may refer a Sole Arbitrator, if not agreed to proceed with sole arbitrator, then each one can refer one Arbitrator, if the parties are not choose to proceed with either Sole Arbitrator or Arbitrator of their choice, then parties need to proceed to file an Appeal before the Hon’ble High Court, for appointment of a Third Party Arbitrator, the venue and proceedings of the Arbitration shall be at Bengaluru and in English language and the cost of the proceedings shall be paid equally between the parties. The Award shall be final and binding between the parties. Apart from above, the Civil Court/s at Bengaluru is/are having exclusive jurisdiction to approach by the Parties.” 3. The Petitioner had issued a notice contending that the Respondents did not agree to the appointment of Arbitrator. Hence, the Petitioner is before this Court seeking for the aforesaid reliefs. 4. Sri.V.B.Shivakumar, learned counsel appearing for Respondents submits that the Clause which has been relied upon by the Petitioner is not an Arbitration - 4 - HC-KAR NC: 2025:KHC:46841 CMP No. 279 of 2025 Clause inasmuch as there is no consensus which has been arrived at between the parties agreeing for reference of a dispute to be adjudicated by an Arbitrator, and as such, the above petition is required to be dismissed. 5. The so called Arbitration Clause has been reproduced hereinabove. A perusal of the said Clause would indicate that any dispute shall be settled at first instance expeditiously and fairly by the parties. If the same fails, they shall be referred to mediation proceedings as per Arbitration and Conciliation Act, 1996. The Arbitration and Conciliation Act does not provide for mediation but only provides for conciliation. Then the Clause goes on to provide each party may refer a sole Arbitrator, if the parties do not agree to proceed with the sole Arbitrator, then each one can refer one Arbitrator. If the parties do not choose to proceed with either the sole Arbitrator or Arbitrator of their choice, then parties need to - 5 - HC-KAR NC: 2025:KHC:46841 CMP No. 279 of 2025 proceed to file an appeal before the Hon'ble High Court for the appointment of a third-party Arbitrator. The said clause does not make any sense nor is any agreement arrived at between the parties to refer the matter to an Arbitrator. 6. In that view of the matter, I am of the considered opinion that there is no arbitration agreement which has been entered into between the parties, the petition stands disposed. 7. The original and certified copies, if any, produced by the petitioner are directed to be returned to the petitioner by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 45