- 1 - HC-KAR NC: 2025:KHC:42240 CMP No. 390 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 390 OF 2025 BETWEEN: 1. SRI R. MAHESH KUMAR, AGED ABOUT 52 YEARS, S/O SRI K RANGARAMAIAH. 2. SMT. SOWMYA P, AGED ABOUT 46 YEARS, W/O SRI R MAHESH KUMAR. R/AT HOUSE NO. 6/3, (OLD NO. 699), FF-102, "DURGADEVI GOLDEN NEST APARTMENT", 12TH CROSS, WKP ROAD, 7TH BLOCK, JAYANAGAR BENGALURU - 560070. …PETITIONERS (BY SRI A. ABHINAV RAMANAND, ADVOCATE) AND: 1. SRI RUDREGOWDA, AGED ABOUT 58 YEARS, S/O LATE SRI KARIGOWDA. 2. SRI MADHU N R, AGED ABOUT 33 YEARS, S/O SRI RUDREGOWDA. R/AT NAYAKANAHALLI VILLAGE, UYYAMBALLI HOBLI, CHIKKALAHALLI POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562126 …RESPONDENTS (RESPONDENT SERVED) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42240 CMP No. 390 of 2025 THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF THE ARBITRATION CLAUSE NO.12 CONTAINED IN THE AGREEMENT DATED 22.02.2022 AT ANNEXURE - A, AS PER THE ARBITRATION AND CONCILIATION ACT., 1996. 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 petitioners are before this Court seeking for the following reliefs; a. Appoint a sole Arbitrator in terms of the Arbitration Clause no.12 contained in the Agreement dated 22.02.2022 at Annexure -'A', per the Arbitration and Conciliation Act, 1996; b. Grant costs; c. Such other relief/s as this Hon'ble Court deems fit to grant in the circumstances of the case and in the interest of justice and equity." 2. The petitioner and respondent had entered into an agreement of sale dated 22.02.2022 which is governed by an arbitration Clause in terms of Clause 12 thereof, which is reproduced hereunder for easy reference; 12. ಈ ಕಯದ ಕಾರು ಒಪ ಂದದ ಅಯ ಾವೇ ಾದಗಳ, ತಂೆ ತಕಾರು ಅಥಾ !"ಾ#$%ಾಯಗಳ ಉಂಾದ ಖ(ೕ)ಾರರು ಮತು+ - 3 - HC-KAR NC: 2025:KHC:42240 CMP No. 390 of 2025 ,ಾಾಟ.ಾರಾದ "ಾವಗಳ ಅವಗಳನು# 1996 ರ 0ಾರ1ೕಯ ಮಧ3456ೆ ಮತು+ ಸಮ81 6ಾ9:ಯ(Arbitration and conciliation Act 1996) ಅ ಪ6ಾರ ಒಬ= ಏ6ೈಕ ಆ!AೇಟB (Sole Arbitrator) "ಾ3ಯ CಣAಯದಂEೆ/1ೕ,ಾAನದಂEೆ, Seat of Arbitration-Bengaluru City Arbitration Award ಆೇಶ6ೆH "ಾವಗಳ ಬದIಾJರುEೆ+ೕೆಂದು ಒK ರುEೆ+ೕೆ. ಆ!AೇಷN .ೆ ಸಂಬಂಧಪಟOಂತಹ ಶುಲH(Fees) ಮತು+ ಸಂಪRಣA ಎTಾ ಖಚುAೆಚVಗಳನು# ಕಾ(ನ ಷರತು+ಗಳನು# ಉಲಂW4ದವರು ಭ(ಸುEೆ+ೕೆಂದು ಒK ರುEೆ+ೕೆ. 3. There being certain dispute between the parties, the petitioner has invoked the arbitration clause, nominated an arbitrator vide its notice dated 10.03.2025 which is served on the respondents. 4. Despite service, no reply having been issued by respondent, the petitioner, apart from filing a proceeding under Section 9 of the Arbitration and Conciliation Act, 1996, approached this Court seeking for the aforesaid reliefs. 5. Noticing having been ordered on the respondents, though the respondents have been served they have chosen to be unrepresented. In that view of the matter, the arguments of the learned counsel for the petitioner were heard. - 4 - HC-KAR NC: 2025:KHC:42240 CMP No. 390 of 2025 6. A perusal of the agreement of sale dated 22.02.2022 indicates that same is governed by an arbitration Clause which has been reproduced hereinabove. The invocation of the arbitration Clause made by the petitioner vide notice dated 10.03.2025 is proper in accordance with Section 21 of the Arbitration and Conciliation Act, 1996. 7. Despite being served with notice having not consented to said appointment or nominated its arbitrator, I pass the following; ORDER i. CMP is allowed. ii. Sri.Bala Gopalakrishna., 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 the Arbitration Centre attached to this Court. - 5 - HC-KAR NC: 2025:KHC:42240 CMP No. 390 of 2025 iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 06.11.2025. v. All contentions are left open. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 89