- 1 - HC-KAR NC: 2025:KHC:37586 CMP NO.315 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.315 OF 2024 BETWEEN: M/S GLOBAL MULTI SPECIALTY HOSPITAL INDIA (P) LTD., A COMPANY HAVING CORPORATE IDENTIFICATION NO.U85100KA2012PTC064900, HAVING ITS REGISTERED OFFICE AT: C-1102, CASA GRANDE, FALNIR, MANGALURU - 575 001. REP. BY THE AUTHORIZED DIRECTOR DR. SUSHIL JATHANNA, S/O LATE DR. C.D. JATHANNA. AGED ABOUT 67 YEARS. …PETITIONER (BY MRS. GLANCIA SHARAN D'SOUZA, ADVOCATE FOR SRI. CHIDANANDA KEDILAYA M., ADVOCATE) AND: M/S GURUDEVA EDUCATION FOUNDATION A REGISTERED TRUST, HAVING ITS REGISTERED OFFICE AT: 3RD FLOOR, P.V.S. CENTENARY BUILDING, NEAR P.V.S. CIRCLE, K.R.R. ROAD, KODIALBAIL, MANGALURU - 003. REP. BY ITS PRESIDENT MR. C.A. RAM MOHAN RAI, S/O LATE TALEKANA SEETHARAMA RAI, AGED ABOUT 60 YEARS. …RESPONDENT (BY SRI. NAVEEN KUMAR M.G., ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37586 CMP NO.315 OF 2024 THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(4) AND (5) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO REFER THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT TO ARBITRATION BY WAY OF APPOINTMENT OF ARBITRATOR AS PER PARAGRAPH 17 OF THE RENT AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT ON 20TH APRIL, 2021 VIDE ANNEXURE-B. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this petition, the petitioner is seeking appointment of an Arbitrator in terms of Clause 17 of the Rent Agreement dated 20th April, 2021 (Annexure-B) to resolve the dispute between the parties. 2. Heard Mrs. Glancia Sharan D'souza, learned counsel on behalf of Sri. Chidananda Kedilaya M., appearing for the petitioner and Sri. Naveen Kumar M.G., learned counsel appearing for the respondent. 3. Mrs. Glancia Sharan D'souza, learned counsel appearing for the petitioner invited the attention of the Court to Clause 17 of the Rent Agreement dated 20th April, 2021 (Annexure-B) and submitted that, in view of the arrears of rent - 3 - HC-KAR NC: 2025:KHC:37586 CMP NO.315 OF 2024 payable by the respondent-Lessee to the petitioner-Lessor, the petitioner had sent Notice dated 03rd April, 2024 (Annexure-E) to the respondent. Accordingly, she sought for interference of this Court. 4. Per contra, Sri. Naveen Kumar M.G., learned counsel appearing for the respondent submitted that, pursuant to the Rent Agreement dated 20th April, 2021 (Annexure-B), the parties have entered into an Agreement for Sale and therefore, the Rent Agreement is merged with the Agreement for Sale. It is also argued by learned counsel appearing for the respondent that, Clause 10 of the Rent Agreement dated 20th April, 2021 (Annexure-B) stipulates for giving preference to the Lessee in the event of the lessor intends to sell the schedule property and therefore, the petition filed for appointment of Arbitrator requires to be dismissed. 5. In the light of submission made by learned counsel appearing for the parties, I am of the view that, Clause 17 of the Rent Agreement dated 20th April, 2021 (Annexure-B) provides for an appointment of Arbitrator to resolve the dispute between the parties. The claim made by the petitioner as per - 4 - HC-KAR NC: 2025:KHC:37586 CMP NO.315 OF 2024 Notice dated 03rd April, 2024 (Annexure-E) is recovery of possession of the schedule property and arrears of rent from the respondent-Lessee. In that view of the matter, I am of the view that the Agreement for Sale of immovable property is not a subject matter in the petition as contended by the respondent and the claim made by the petitioner is for recovery of rent and possession of the schedule property, I find force in the submission made by learned counsel appearing for the petitioner. 6. Therefore, Hon'ble Mr. Justice Ajit J. Gunjal, Former Judge of this Court is appointed as an Arbitrator to resolve the dispute between the petitioner and the respondent. In order to avoid further delay in the matter, parties are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru on 28th October, 2025 at 11.00 a.m. 7. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 8. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and - 5 - HC-KAR NC: 2025:KHC:37586 CMP NO.315 OF 2024 International), Khanija Bhavan, Bengaluru for proceeding further in the matter. 9. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. Accordingly, Civil Miscellaneous Petitions is disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 16