- 1 - HC-KAR NC: 2025:KHC:51466 CMP No. 312 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 312 OF 2025 BETWEEN: 1. MR DINESH KUMAR S/O GHEESARAMJI, AGED ABOUT 45 YEARS 2. MR.HEMANTH KUMAR S/O GHEESARAMJI, AGED ABOUT 37 YEARS BOTH ARE R/AT NO.12/1, 2ND FLOOR, PUSHP KUNJ, B.T.STREET, ANCHEPET, BANGALORE-560053 3. MR.PEMARAM, S/O LATE MANARAMJI, AGED ABOUT 49 YEARS, 4. MR.BABULAL S/O LATE MANARAMJI, AGED ABOUT 45 YEARS, BOTH ARE R/AT NO 1, 3RD FLOOR, 2ND CROSS, KILARI ROAD, BANGALORE-560053 …PETITIONERS (BY SRI. MANJUNATHA S.V., ADVOCATE) AND: 1. SRI SAGAR S S/O SHANKAR, AGED ABOUT 43 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51466 CMP No. 312 of 2025 2. SMT. NAKSHATRA JANAPPA, W/O SAGAR.S, AGED ABOUT 39 YEARS, BOTH ARE R/AT NO.66, SRI. VENKATESHWARA NILAYA, 1ST MAIN, 1ST SANTRUPTI, 7TH PHASE, J.P.NAGAR, BANGALORE-560078. 3. ORBSKY HOSPITAL MANAGEMENT REPRESENTED BY ITS MANAGING DIRECTOR MR.SAGAR SHANKAR NO.14, 13TH MAIN, PUTTENAHALLI MAIN ROAD, OPP.SAGAR CLINIC, JP NAGAR 7TH PHASE, BANGALURU-560078. …RESPONDENTS (BY SRI. RAMA RAMACHANDRA IYER., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR TO ARBITRATE/RESOLVE THE DISPUTES BETWEEN THE PARTIES IN AN EXPEDITIOUS MANNER AS PER THE CLAUSE 28 OF THE REGISTERED LEASE AGREEMENT DATED 24.08.2021 VIDE ANNEXURE A AND ETC. THIS CMP, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioners are before this Court seeking for the following reliefs: a. To appoint an Arbitrator to arbitrate/resolve the disputes between the parties in an expeditious - 3 - HC-KAR NC: 2025:KHC:51466 CMP No. 312 of 2025 manner as per Clause-28 of the registered Lease Agreement dated 24.08.2021 vide Annexure-A b. And grant such other order as this Hon’ble Court deems fit in the circumstances of the case, in the interest of justice. 2. After arguing for some time, both the counsels submit that the matter could be initially referred to mediation and in the event of mediation not being successful, an arbitrator could be appointed. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. The parties are directed to appear before the Director, KMC on 16.12.2025 at 02.30 p.m. iii) All contentions are kept open. iv) In the event of mediation being successful, the successful mediation report to be placed before this Court. - 4 - HC-KAR NC: 2025:KHC:51466 CMP No. 312 of 2025 v) In the event of mediation not being successful, the Director of Mediation Center is directed to forward the copy of the file to the Director of Arbitration and Conciliation Center. vi) Sri M. G. Sudheendra, former District Judge of the District Judiciary is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. vii) Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 64