- 1 - HC-KAR NC: 2025:KHC:30546 CMP No. 125 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.125 OF 2025 BETWEEN: 1. M/S UNIQUE STONE CRUSHER A PARTNERSHIP FIRM, REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT NO. 13, 3RD FLOOR, AVALAHALLI 80 FEET ROAD, JP NAGAR, 9TH PHASE, BENGALURU - 560062 REP. BY ITS MANAGING PARTNER, MR. ABDULLA. …PETITIONER (BY SRI. SHAIK ISMAIL ZABIULLA, ADVOCATE) AND: 1. M/S MAGADI QUARRY AND CRUSHERS A PARTNERSHIP FIRM, REGISTERED UNDER THE PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT NO.4, RANGACHARYAPALYA, HANCHIKUPPE VILLAGE, MADBALHOBLI, MAGADI TALUK, RAMNAGAR DISTRICT REP. BY ITS PARTNER, MR. KARTHIKESH, S/O. SRI. OM PRAKASH, AGED ABOUT 45 YEARS, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30546 CMP No. 125 of 2025 RESIDING AT NO.4, JAGRUTHI, 6TH SECTOR, V BLOCK, HSR LAYOUT, 14TH CROSS, 1ST MAIN, BENGALURU - 560102. …RESPONDENT (BY SRI. NAVEEN KUMAR H., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W CLAUSE 2 OF THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT SCHEME 1996 PRAYING TO APPOINT ARBITRATOR AS PER THE ANNEXURE - B PAGE 44 UNDER ''DISPUTES'' CLAUSE OF THE LEAVE AND LICENSE AGREEMENT DATED 20.12.2018 ANNEXURE- B ADJUDICATION OF THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES STATED HEREIN AND GRANT SUCH OTHER RELIEFS AS DEEMED FIT BY THIS HONBLE COURT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. The petitioner has sought for appointment of an Arbitrator to adjudicate the disputes that have - 3 - HC-KAR NC: 2025:KHC:30546 CMP No. 125 of 2025 arisen between the parties in terms of the conditions stipulated in the Agreement dated 20.12.2016, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 3. Learned counsel appearing for the petitioner submitted that, notice dated 30.07.2024 (Annexure- E) has been issued to the respondents herein as well as another subsequent purchaser SBM Business Group and the petitioner has no claim against the subsequent purchaser, since the petitioner herein is having claim against the respondents herein only. 3. In this regard, learned counsel appearing for the respondents submitted that, all the parties to the legal notice dated 30.07.2024 are not parties to the proceedings. - 4 - HC-KAR NC: 2025:KHC:30546 CMP No. 125 of 2025 4. In the backdrop of the aforementioned facts on record and taking into consideration the contents of the Leave and License Agreement produced at Annexure-B, which contain provision for resolution of disputes through arbitration I am of the view that this petition under Section 11 of the Act, 1996 be allowed. Shri Justice Ram Mohan Reddy, Former Judge, High Court of Karnataka, is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. 5. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal. - 5 - HC-KAR NC: 2025:KHC:30546 CMP No. 125 of 2025 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter. 7. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. 8. Since the parties are represented through their learned counsel and to avoid further delay in the matter the parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru, on 08.09.2025 at 11 am. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 22