- 1 - HC-KAR NC: 2025:KHC:49768 CMP No. 478 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 478 OF 2024 BETWEEN: 1. GLYNK INDIA PVT. LTD., AT C40 RADIANCE BLOSSOM BUDIGERE ROAD, BANGALORE - 560049 REPRESENTED BY THE DIRECTOR AND AUTHORISED REPRESENTATIVE MR. NIRANJAN SUKOMARAN …PETITIONER (BY SRI. VAIBHAV JAIN, ADVOCATE) AND: 1. MISPRAS FURNISHINGS PVT. LTD. HAVING ITS REGISTERED OFFICE AT 2024, 16TH MAIN ROAD, HAL 2ND STAGE, KODIHALLI, INDIRANAGAR , BANGALORE - 560038 EMAIL legal@urbanvault.in ALSO AT 780, 19TH MAIN ROAD, VAGANAHALLI, 1ST SECTOR HSR LAYOUT, BENGALURU - 560102 …RESPONDENT (BY SRI. SEETHARAMU S.P.,ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, SEEKING APPOINTMENT OF SOLE ARBITRATOR PRAYING THAT THIS HONBLE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49768 CMP No. 478 of 2024 COURT MAY BE PLEASED TO: AS PER SECTION 11 (1) OF THE ARBITRATION AND CONCILIATION ACT, 1996, UNDER CLAUSE 19 VIDE ANNEXURE-C DATED 23.01.2021 ALLOW THE PRESENT PETITION AND PASS APPROPRIATE ORDERS FOR APPOINTMENT OF ADVOCATE S. N. PRASHANTH CHANDRA, HAVING OFFICE AT 1432/2, SNR ARCADE, 1ST FLOOR, TOLL GATE, KRISHNADEVARAYA RD, VIJAYANAGAR, BENGALURU OR ANY OTHER COMPETENT PERSON, AS THE SOLE ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PARTIES AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: (a) As per Section 11(1) of the Arbitration and Conciliation Ac, 1996 under Clause 19 vide Annexure-C dated 23.01.2021 allow the present petition and pass appropriate orders of the appointment of Advocate S.N.Prashanth Chandra, having office at 1432/2, SNR Arcade, 1st Floor, Toll Gate, Krishnadevaraya Rd, Vijayanagar, Bengaluru or any other competent person, as the sole arbitrator to resolve the dispute between the parties. (b) Any other order or relief which this Hon'ble Court may deem fit and proper be pleased to pass in favour of the petitioner and against the Respondent in the interest and furtherance of justice. - 3 - HC-KAR NC: 2025:KHC:49768 CMP No. 478 of 2024 2. The petitioner and the respondent entered into a Sub- Lease Agreement with facilities on 23.01.2021 which is governed by an arbitration clause in terms of clause 19 thereof, which is reproduced hereunder for easy reference: "19. Jurisdiction & Arbitration: 19.1 Any claim, dispute and or difference (including a dispute regarding the existence, validity or termination of this Agreement) arising out of, or relating to this contract including interpretation of its terms will be resolved through joint discussion of the Authorized Representatives of the concerned parties. 19.2 However, if the claims, differences and/or disputes are not resolved by discussions as aforesaid within a period of 30 days from the date of referral of such claim, dispute and/or differences, then the matter will be referred for adjudication by a sole arbitrator who shall be nominated and appointed, within 3 (three) business days of the receipt of the notice to arbitrate. The sole arbitrator is to be mutually appointed by both parties to the agreement in accordance with the provisions of the (Indian) Arbitration and Conciliation Act 1996 and rules made there under including any modifications, amendments and further enactments thereto. 19.3 The place of arbitration shall be Bangalore. The arbitration procedure shall be conducted in the English language and any award or awards shall be rendered in English. The award of the arbitrator shall be final and conclusive and binding upon the parties." 3. There being certain disputeS between the parties, the petitioner had issued a notice dated 12.08.2024 invoking - 4 - HC-KAR NC: 2025:KHC:49768 CMP No. 478 of 2024 the arbitration clause and nominating its arbitrator. The said notice was served on the respondent, there was no response on their behalf. The petitioner also claims that prior to the said notice being issued, the requirements of clause 19.1 were complied with by initiating pre- institution mediation before the District Legal Services Authority, which came to be closed on account of the respondent being absent. 4. Thus, even with the requirement of clause 19.1 having been complied with and notice having been issued by invoking the arbitration clause, when the respondent did not respond to the same, the petitioner approached this Court and the notice was issued to the respondent. The respondent has been represented by the counsel before this Court. 5. The submission of learned counsel for the respondent is that the amount which had been claimed by the petitioner has already been returned by the respondent, which is denied by the petitioner. The said aspect of whether there is a settlement between the parties in regard to the - 5 - HC-KAR NC: 2025:KHC:49768 CMP No. 478 of 2024 payment of the amounts or not is not something which could be adjudicated by this Court in a Section 11 proceeding, and the same would have to be adjudicated by an arbitrator. In that background, I pass the following: ORDER i) The CMP is allowed. ii) Sri S.G.Hiremath, a former Senior Civil Judge of the District Judiciary is appointed as a sole Arbitrator to arbitrate the dispute under the aegis of the Arbitration Centre attached to this Court. iii) Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful. iv) Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any notice on 11.12.2025 at 2.30 p.m. - 6 - HC-KAR NC: 2025:KHC:49768 CMP No. 478 of 2024 v) 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. vi) All contentions are left open. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 40