- 1 - HC-KAR NC: 2025:KHC:49862 CMP No. 234 of 2025 C/W CMP No. 289 of 2025 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. 234 OF 2025 C/W CIVIL MISC. PETITION NO. 289 OF 2025 IN CMP No. 234/2025 BETWEEN: 1. APOORVA SAINI W/O SANJEEV SAINI, AGED ABOUT 55 YEARS, RESIDING AT NO. 11, CHAITHANYA ANANYA, WHITEFIELD HOSKOTE ROAD, SEGEHALLI, BENGALURU - 560 067 …PETITIONER (BY SRI. NAVEEN CHANDRA. V.,ADVOCATE) AND: 1. THE BANGALORE INTERNATIONAL SCHOOL TRUST A TRUST REGISTERED UNDER THE INDIAN TRUST ACT, 1882 HAVING ITS REGISTERED ADDRESS AT GEDDALAHALLI, HENNUR-BAGALUR ROAD, KOTHANUR POST, BENGALURU - 560 077 REPRESENTED BY ITS CHAIRPERSON MS. AKSHATHA SAJUMON …RESPONDENT (BY SRI. SUNDARA RAMAN M V.,ADVOCATE) THIS CIVIL MISC. PETITION FILED UNDER SEC.11(5) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING THAT THIS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49862 CMP No. 234 of 2025 C/W CMP No. 289 of 2025 HONBLE COURT TO APPOINT A SOLE ARBITRATOR FOR THE ADJUDICATION OF THE PETITIONERS CLAIMS AGAINST THE RESPONDENTS IN ACCORDANCE WITH THE CLAUSE NO.21.2 OF THE GENERAL TERMS AND CONDITIONS OF EMPLOYMENT DATED 20.09.2023 (ANNEXURE - A). IN CMP NO. 289/2025 BETWEEN: 1. BANGALORE INTERNATIONAL SCHOOL TRUST A TRUST REGISTERED UNDER THE INDIAN TRUSTS ACT, 1882, HAVING ITS OFFICE AT HENNUR BAGALUR ROAD, KOTHANUR POST, GEDDALAHALLI, BANGALORE - 560 077. REPRESENTED BY ITS AUTHORISED SIGNATORY MS. TAHIRA INGALGI SOOD ...PETITIONER (BY SRI. SUNDARA RAMAN M.V., ADVOCATE) AND: 1. APOORVA SAINI MAJOR, WIFE OF MR. SANJEEV SAINI, RESIDING AT NO.11, CHAITHANYA ANANYA, WHITEFIELD HOSKOTE ROAD, SEGEHALLI, BENGALURU - 560 067. ...RESPONDENT (BY SMT. JAYNA KOTHARI, SENIOR ADVOCATE FOR SRI. NAVEEN CHANDRA V., ADVOCATE) THIS CIVIL MISC. PETITION FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT., 1996., PRAYING TO APPOINT A SOLE ARBITRATOR AS THIS HONBLE COURT MAY DEEM - 3 - HC-KAR NC: 2025:KHC:49862 CMP No. 234 of 2025 C/W CMP No. 289 of 2025 FIT, AND REFER THE DISPUTES BETWEEN THE PARTIES TO ARBITRATION AS CONTAINED IN THE RESPONDENTS TERMS OF EMPLOYMENT (AT ANNEXURE B (COLLY) TO ARBITRATION) ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL COMMON ORDER 1. The petitioners are before this Court seeking for the following reliefs: In CMP.No.234/2025 (a) To appoint a sole arbitrator for the adjudication of the Petitioner's claims against the Respondents in accordance with the Clause 21.2 of the General Terms and Conditions of Employment dated 20.09.2023 (ANNEXURE-A); and (b) to award costs of this Petition to the Petitioner; or (c) Grant any other relief which this Hon'ble Court deems fit in the circumstances of the case in the interest of justice and equity. In CMP.No.289/2025 (a) APPOINT a Sole Arbitrator as this Hon'ble Court may deem fit, and refer the disputes between the parties to arbitration as contained in the Respondent's Terms of Employment [at Annexure B (Colly)) to arbitration; (b) GRANT costs of these proceedings and such other relief as this Hon'ble Court may deem fit, in the interest of justice and equity. 2. After arguing for some time, both the counsel submit that the matter may be initially referred to mediation and if - 4 - HC-KAR NC: 2025:KHC:49862 CMP No. 234 of 2025 C/W CMP No. 289 of 2025 the mediation is not successful to arbitration by keeping all contentions open. 3. In that view of the matter, I pass the following: ORDER i) The CMP's are allowed. ii) The matters are referred to Bangalore Mediation Centre. The Director, Mediation Centre is requested to depute a Mediator to resolve the dispute between the parties amicably. iii) Since the order is passed in the presence of both the counsel, the parties shall appear at 2.30 p.m. on 11.12.2025 before the Director, Bengaluru Medication Center. iv) In the event of mediation not being successful, the matter is referred to Arbitration. v) Hon'ble Justice Sri. P.N.Desai, a former Judge of this Court is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the - 5 - HC-KAR NC: 2025:KHC:49862 CMP No. 234 of 2025 C/W CMP No. 289 of 2025 aegis of the Arbitration Centre attached to this Court. vi) All contentions are left open. 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 GJM List No.: 1 Sl No.: 43