- 1 - HC-KAR NC: 2025:KHC:51208 CMP No. 361 of 2022 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. 361 OF 2022 BETWEEN: SHIVA AND SHIVA ORTHOPEDIC HOSPITAL PVT LTD HAVING ITS REGISTERED OFFICE AT NO.146, INFANTRY ROAD BENGALURU - 560 001 REP. BY DR SHARAN SHIVARAJ PATIL …PETITIONER (BY SRI. BRIJESH PATIL., ADVOCATE) AND: V K BUILDING SERVICES PVT LTD HAVING ITS REGISTERED OFFICE AT M142, 9TH A MAIN, JEEVANBHIMA NAGAR LIC COLONY HAL 3RD STAGE BENGALURU - 560 075 REP. BY ITS BOARD OF DIRECTORS …RESPONDENT (BY SRI. SAMPATH A., ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION. 11 OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT SOLE ARBITRATOR TO DECIDE THE CLAIM AND ENTITLEMENT OF THE PETITIONER AND / OR THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT PURSUANT TO AND IN TERMS OF THE CLAUSE 24 OF THE LEASE DEED, DATED: 23/05/2011 REGISTERED AS DOCUMENT NO. 357/2011-12 READ WITH DEED OF ATTORNMENT DATED 06/08/2015 PRODUCED AS ANNEXURES B AND C RESPECTIVELY AND PASS SUCH OTHER ORDER/S AS THIS HON'BLE COURT DEEMS FIT, IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51208 CMP No. 361 of 2022 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 it is most respectfully prayed that this Hon'ble Court may be pleased to appoint sole arbitrator to decide the claim and entitlement of the petitioner and / or the dispute that has arisen between the petitioner and the respondent pursuant to and in terms of the Clause 24 of the Lease Deed dated:23/5/2011 registered as Document No.357/2011-12 read with Deed of Attornment dated 6/8/2015. Produced as Annexures-B and C respectively and pass such other order/s as this Hon'ble Court deems fit, in the circumstances of the case, 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: ORDER i. CMP is allowed. - 3 - HC-KAR NC: 2025:KHC:51208 CMP No. 361 of 2022 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 12.12.2025. 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. Shri Bailur Shankar Rama., a former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to - 4 - HC-KAR NC: 2025:KHC:51208 CMP No. 361 of 2022 arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. vi. All contentions are kept open. vii. Original and/or certified copies if produced are directed to be returned to the respective parties who have produced it/them by following due procedure. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 17