- 1 - HC-KAR NC: 2025:KHC:42234 CMP No. 393 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. 393 OF 2025 BETWEEN: M/S. SHREE VAIKUNTAM LIFE SPACES PVT. LTD., REGISTERED OFFICE AT NO. 10-10-427/1, LAXMAN COMMERCIAL COMPLEX, GOLIKATTA BAZAR, BUNDER, MANGALURU-575 001. REP. BY ITS MANAGING DIRECTOR, MR. KARKALA ANANTH KAMATH. …PETITIONER (BY SRI RAKESH KINI, ADVOCATE) AND: 1. MRS. USHA THYAGARAJA, AGED ABOUT 72 YEARS, W/O. V. THYAGARAJ, R/AT #356, APPORVA OUTER CIRCLE, WHITEFIELD, BENGALURU-560 066. 2. MR. ANOOP T, AGED ABOUT 42 YEARS, S/O. V. THYAGARAJ, R/AT 806 A BLOCK, SUMADHURA ANANDAM, BOREWELL ROAD, OPP HARBRON COMPLEX, WHITEFIELD, BENGALURU-560 066. 3. MR. ANEESH.T, AGED ABOUT 39 YEARS, S/O. V THYAGARAJ, R/AT NO. #356, APPORVA OUTER CIRCLE, WHITEFILED, BENGALURU-560 066. …RESPONDENTS (BY SRI DHANANJAY KUMAR, ADVOCATE FOR R-1 TO R-3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42234 CMP No. 393 of 2025 THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF CLAUSE 24 OF THE AGREEMENT DATED 02.06.2023 (DOCUMENT NO. 1) AND AS PER THE ARBITRATION NOTICE DATED 02.04.2025, ISSUED BY THE PETITIONER AT (DOCUMENT NO. 5), FOR THE PURPOSE OF ADJUDICATING THE DISPUTE 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. "Appoint a sole Arbitrator in terms of clause 24 of the Agreement dated 02.06.2023 (Document no. 1) and as per the Arbitration Notice dated 02.04.2025, issued by the petitioner at (Document no. 5), for the purpose of adjudicating the dispute between the Petitioner and the Respondent. b. Pass such other order/s as this Hon'ble Court deems fit to grant in the circumstances of the case, including an order as to the costs of the present petition, in the interest of justice and equity." 2. After arguing for sometime, both the counsels submit the matter could be referred to arbitration of a sole arbitrator, by leaving all the conditions open and the arbitration being held in Mangalore city. - 3 - HC-KAR NC: 2025:KHC:42234 CMP No. 393 of 2025 3. In that view of the matter, I pass the following; ORDER i. CMP is allowed. ii. Sri.Moosa Kunhi Nayarmoole., a former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties, the arbitration proceedings to be conducted in Mangalore city. iii. All contentions are left open to be decided by the learned arbitrator. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 91