- 1 - HC-KAR NC: 2025:KHC:37588 CMP No.419 of 2024 C/W CMP NO.550 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.419 OF 2024 C/W CIVIL MISCELLANEOUS PETITION NO.550 OF 2024 IN CMP NO.419/2024 BETWEEN: ORIENTAL LOTUS HOTEL SUPPLIES PRIVATE LIMITED REP. BY ITS MANAGING DIRECTOR, MR. JAY RAMAN, SURVEY NO.11, 9/1, VENGADU ROAD, 104, NAVALLUR VILLAGE, SRIPERUMBUDUR, KANCHEEPURAM, TAMIL NADU - 602 105. ALSO AT: VILLA NO.15, PHASE 1, CHETTINAD ENCLAVE, S. KOLATHUR ROAD, NARAYANAPURA, PALLIKARANAI, CHENNAI, TAMIL NADU - 602 100. …PETITIONER (BY SRI. K.S. HARISH, ADVOCATE) AND: 1. ROHAN SURESH S/O MR. SURESH THIRUVENGADAM, NO.301, FORTUNE ALPHA, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37588 CMP No.419 of 2024 C/W CMP NO.550 OF 2024 3RD STREET, BABUSAPALYA, BANK AVENUE, BENGALURU - 560 043. 2. ORIENTAL LOTUS HOSPITALITY SOLUTIONS PRIVATE LIMITED REPRESENTED BY ITS DIRECTOR, MR. ROHAN SURESH, NO.12, 8TH CROSS STREET, KUMARAN PARK, BENGALURU, KARNATAKA - 560 003. …RESPONDENTS (BY SRI. KISHORE KUMAR, ADVOCATE FOR C/R1 AND R2) THIS CIVIL MISCELLANEOUS PETITION UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE ON THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS AS PER CLAUSE 6 OF THE BUSINESS TRANSFER AGREEMENT DATED 08TH SEPTEMBER, 2022 VIDE ANNEXURE 'B'. IN CMP NO.550/2024 BETWEEN: 1. ROHAN SURESH S/O MR. SURESH TIRUVENGADAM, AGED ABOUT 25 YEARS, HAVING OFFICE AT NO.301, FORTUNE ALPHA, 3RD STREET, BABUSAPALYA, BANK AVENUE, BENGALURU - 560 043. 2. ORIENTAL LOTUS HOSPITALITY SOLUTIONS PVT. LTD., (REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. ROHAN SURESH) - 3 - HC-KAR NC: 2025:KHC:37588 CMP No.419 of 2024 C/W CMP NO.550 OF 2024 A COMPANY INCORPORATED UNDER COMPANIES ACT, 2013 HAVING ITS REGSITERD OFFICE AT NO.12, 8TH CROSS, CENTRAL STREET, KUMARA PARK, BENGALURU - 560 003. ...PETITIONERS (BY SRI. KISHORE KUMAR, ADVOCATE) AND: 1. ORIENTAL LOTUS HOTEL SUPPLIES PVT. LTD. (REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE JAY RAMAN) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 PRESENTLY AT: VILLA NO.15, PHASE I, CHETTINAD ENCLAVE, S. KOLATHUR ROAD NARAYANAPURAM, PALLIKARANAI, CHENNAI - 602 100. ALSO AT: SY. NO.11, 9/1, VENGADU ROAD, 104, NAVALLUR VILLAGE, SRIPERAMBUDUR, KANCHEEPURAM, TAMIL NADU - 602 105. 2. BRILLIANT ACE COMMUNICATIONS PVT. LTD. REPRESENTATIVE JAYRAMAN) 17/2A, OLD NO.8, KARTHIKEYA, FIRST CANAL CROSS ROAD, GANDHI NAGAR, ADYAR CHENNAI - 600 020. 3. JAY RAMAN DIRECTOR, ORIENTAL LOTUS HOTEL SUPPLIES PVT. LTD. VILLA NO.15, PHASE I, CHETTINAD ENCLAVE, S. KOLATHUR ROAD, NARAYANAPURAM, - 4 - HC-KAR NC: 2025:KHC:37588 CMP No.419 of 2024 C/W CMP NO.550 OF 2024 PALLIKARANAI, CHENNAI - 602 100. ...RESPONDENTS (BY SRI. K.S. HARISH, ADVOCATE FOR R1; V/O DATED 19.09.2025, NOTICE TO R2 AND R3 IS DISPENSED WITH) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, READ WITH APPOINTMENT OF ARBITRATOR BY CHIEF JUSTICE OF KARNATAKA HIGH COURT SCHEME, 1996 PRAYING TO APPOINT A RETIRED JUDGE OF THIS HON'BLE COURT OR A RETIRED JUDGE OF THE DISTRICT COURT OR ANY OTHER FIT PERSON TO ACT AS SOLE ARBITRATOR TO ADJUDICATE AND DECIDE THE PRESENT DISPUTE BETWEEN THE PETITIONER AND RESPONDENT UNDER CLAUSE 6 OF THE BUSINESS TRANSFER AGREEMENT-2 DATED 08TH SEPTEMBER, 2022 VIDE ANNEXURE-A, WITH THE SEAT AND VENUE OF THE ARBITRATION BEING BENGALURU. THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In these petitions, relying upon the Clause 6 of the Business Transfer Agreement dated 08th September, 2022, the parties are seeking for appointment of an Arbitrator to adjudicate and decide the dispute between the parties arisen in respect of the said agreement. - 5 - HC-KAR NC: 2025:KHC:37588 CMP No.419 of 2024 C/W CMP NO.550 OF 2024 2. Heard Sri. K.S. Harish, learned counsel appearing for the petitioner in C.M.P. No.419 of 2024 and respondent No.1 in C.M.P. No.550 of 2024 and Sri. Kishore Kumar, learned counsel appearing for respondents in C.M.P. No.419 of 2024 and petitioners in C.M.P. No.550 of 2024. 3. Having heard the learned counsel appearing for the parties, I have perused the Business Transfer Agreement dated 08th September, 2022. Taking into account the fact that the parties have sought for an appointment of Arbitrator for resolution of the dispute arisen between them in respect of the aforesaid agreement, keeping open the contentions raised by the parties including the question relating to the arraigning the parties in the proceedings, Hon'ble Mr. Justice Subhash B. Adi, Former Judge of this Court is appointed as Sole Arbitrator to resolve the dispute between the parties. 4. In order to avoid further delay in the matter, parties are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Bengaluru on 27th October, 2025 at 11.00 a.m. - 6 - HC-KAR NC: 2025:KHC:37588 CMP No.419 of 2024 C/W CMP NO.550 OF 2024 5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru for proceeding further in the matter. 7. 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 are disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 1