- 1 - HC-KAR NC: 2025:KHC:46824 CMP No. 141 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 141 OF 2024 BETWEEN: M/S CITRUS VENTURES PVT LTD A REGISTERED COMPANY, HAVING ITS REGISTERED OFFICE AT NO.106/10-11-1, AMRUTHAHALLI, BYATARYANPURA, BELLARY ROAD, BENGALURU- 560 092. REPRESENTED BY ITS AUTHORISED SIGNATORY SURAJ S KUPPAST. …PETITIONER (BY SRI. NARASIMHA PRASAD S D., ADVOCATE) AND: 1. M/S KRISHNA ENTERPRISES (HOUSE AND INFRASTRUCTURES) INDIA PVT. LTD., A REGISTERED COMPANY, HAVING ITS REGISTERED OFFICE AT- 32, SECOND FLOOR, PSR MARVEL, BELLARY MAIN ROAD, ADJACENT TO CANARA BANK, HEBBAL, BENGALURU- 560 024 REPRESENTED BY ITS MANAGING DIRECTOR ALSO AT PROJECT KRISHNA SHELTON, FLAT 103, KATTIGENAHALLI, A BLOCK, BAGALUR CROSS, YELAHANKA HOBLI, BENGALURU- 560 063 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46824 CMP No. 141 of 2024 2. MR R ANIL KUMAR AGED ABOUT 57 YEARS DIRECTOR AND AUTHORISED SIGNATORY OF M/S KRISHNA ENTERPRISES (HOUSE AND INFRASTRUCTURES) INDIA PVT LTD., RESIDING AT KRISHNA SHELTON, FLAT A 1202 A BLOCK 12TH FLOOR, KATTIGENAHALLI, A BLOCK, BAGALUR CROSS, YELAHANKA HOBLI, BENGALURU- 560 063 PH 9686697377 …RESPONDENTS (BY SRI. MILIND DANGE., ADVOCATE) THIS CIVIL MISC. PETITION FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR FOR THE PURPOSE OF ADJUDICATION OF THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER MOU DATED 04/08/2018 AND REFER THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT TO AN ARBITRATOR FOR ADJUDICATION AS PER CLAUSE N (PAGE 5) OF THE SAID MOU DATED 04/08/2018, VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:46824 CMP No. 141 of 2024 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: “WHEREFORE, it is most respectfully prayed that this Hon’ble Authority be pleased to appoint an Arbitrator for the purpose of adjudication of the dispute between the petitioner and the respondent as per MOU dated 04.08.2018 and refer the disputes that have arisen between the petitioner and the respondent to an arbitrator for adjudication as per clause n [page 5] of the said MOU dated 04.08.2018, vide Annexure-A in the interest of justice and equity.” 2. The petitioner and the respondent entered into a memorandum of understanding on 04.08.2018 under which the petitioner as a Development Manager was to assist the respondent in certain activities as indicated therein. The Memorandum of understanding is governed by an arbitration clause in terms clause- (n), which is extracted hereunder for easy reference: “n. In the event of any dispute arising between the parties hereto with regard to this MOU or the interpretation of the terms hereof the same shall be resolved amicably by the parties hereto and in case the same is not resolved then the dispute shall be referred to Arbitration in terms of Arbitration and Conciliation Act of 1996. The venue of arbitration shall be at Bangalore.” - 4 - HC-KAR NC: 2025:KHC:46824 CMP No. 141 of 2024 3. Certain disputes having arisen, the petitioner has issued noticed dated 12.10.2023, nominating his arbitrator, which has been served on the respondent. Thus, complied its requirement under Section–21 of the Arbitration And Conciliation Act. The respondent not having agreed or consented to the appointment of an arbitrator, the petitioner has approached this Court. 4. Notice having been issued, the respondent has entered appearance. 5. Sri.Milind Dange, learned counsel for respondent Nos.1 and 2 has taken two contentions viz., firstly, that the Memorandum of Understanding, was not stamped and as such, an arbitrator cannot be appointed. Secondly, the dispute which has been raised is ex-facie barred by limitation. 6. Having heard the learned counsel for the parties, perused the papers. - 5 - HC-KAR NC: 2025:KHC:46824 CMP No. 141 of 2024 7. Though the contention as regards stamping of the Memorandum of Understanding is no longer an issue, in view of the decision of the Hon’ble Apex Court in the case of N.N. GLOBAL MERCANTILE PRIVATE LIMITED V. INDO UNIQUE FLAME LIMITED AND OTHERS reported in 2023 (7) SCC 1, the petitioner has got the said MOU as indicated and produced a 10A certificate issued under the Karnataka Stamp Act 1959, indicating the payment of stamp duty under the said MOU. Hence, the first contention raised by Sri.Milind Dange, learned counsel would not survive for consideration. 8. Insofar as the second contention is concerned, so far as the limitation, the same is mixed question of facts and law. A perusal of the MOU and the notice that has been issued does not ex-facie indicate that the claim of the petitioner is barred by limitation. 9. In that view of the matter, I pass the following: - 6 - HC-KAR NC: 2025:KHC:46824 CMP No. 141 of 2024 ORDER i. CMP petition is Allowed. ii. Sri. G.K.GOKALE, a former District Judge, of the District Judiciary, State of Karnataka is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii. All contentions including that of arbitrability are left open to be decided by the learned arbitrators. iv. Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre on 04.12.2025 at 2.30 p.m. without requirement of any further notice. v. Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful and also directed to return the originals and all certified copies that have been produced, by following due process. SD/- (SURAJ GOVINDARAJ) JUDGE JJ List No.: 1 Sl No.: 17