- 1 - HC-KAR NC: 2025:KHC:40481 CMP No. 576 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. 576 OF 2024 BETWEEN: N.MUNIRAJU, S/O R NAGARAJ, AGED ABOUT 50 YEARS, R/AT DOOR NO.31,MEDAHALLI 1ST MAIN, VIRGANAGAR POST, BENGALURU-560 049. …PETITIONER (BY SRI SHIVAKUMAR.R.I & SRI MANJUNATH K, ADVOCATES) AND: M/S. SHREE BALAJI CLEARING AGENTS PRIVATE LIMITED, NO.12, 8TH CROSS, 1ST STAGE, INDIRANAGAR, BANGALORE 560038. ALSO AT NO. SURVEY NO.205/4, KITHAGANUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE. REP. BY ITS DIRECTOR, SANJAY SALARIYA …RESPONDENT (RESPONDENT SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING THAT THIS HON'BLE COURT BE PLEASED TO a) TO APPOINT A SUITABLE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40481 CMP No. 576 of 2024 SOLE ARBITRATOR IN ACCORDANCE WITH ANNEXURE-A PARA 36 OF THE LEASE AGREEMENT DATED 15.03.2017 TO ADJUDICATE UPON THE DISPUTE THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT. 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: a. "To appoint a suitable sole arbitrator in accordance with Annexure-A para 36 of the lease agreement dated 15.03.2017 to adjudicate upon the dispute that have arisen between the petitioner and the respondent. b. Grant such other relief as this Hon'ble court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. A perusal of the postal track record which has been produced indicates that the notice which had been issued by the petitioner has been returned with the endorsement 'addressee left without instructions'. 3. Thus a notice under Section 21 of the Arbitration and Conciliation Act, 1996, has not been served on the - 3 - HC-KAR NC: 2025:KHC:40481 CMP No. 576 of 2024 respondent. In that view of the matter, the above petition cannot be proceeded with. 4. Petition stands dismissed, reserving liberty to the Petitioner to issue fresh notice, effect service on the Respondent and then move before this Court if Respondent does not agree with the appointment of an Arbitrator. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 73