- 1 - HC-KAR NC: 2025:KHC:51549 CMP No. 122 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. 122 OF 2025 BETWEEN: C R SRINIVAS S/O.LATE.C.V.RAMAKRISHNA, AGED ABOUT 63 YEARS, RESIDING AT NO.36, COPPER HOUSE, RMV II STAGE, BENGALURU - 560 094 …PETITIONER (BY SRI. T PRAKASH., ADVOCATE) AND: MR P KUSHAL S/O.SRINIVASULU AGED ABOUT 32 YEARS, PROPRIETOR OF M/S.SVR INFRA PROJECTS, REGISTERED OFFICE AT NO.117, NEAR INFOSYS, JAIBHIM NAGAR, BTM LAYOUT, BENGALURU …RESPONDENT (BY SRI. L P SURESH., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5)(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT SRI. S.R.SOMASHEKARA RETIRED DISTRICT JUDGE ARBITRATION CENTRE, KARNATAKA KHANIJA BHAVAN, NO.49, 3RD FLOOR, EAST WING RACE COURSE ROAD, BANGALORE-1 AS SOLE ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE RESPONDENT AND THE PETITIONER AS PER THE CLAUSE 7 OF REGISTERED SALE AGREEMENT DATED 05.11.2022, VIDE ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51549 CMP No. 122 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: (a) to appoint Sri. S.R.Somashekar retired District Judge Arbitration Centre, Karnataka, Khanija Bhavan, No.49, 3rd Floor, East Wing, Race Course Road, Bangalore-1 as sole Arbitrator to resolve the dispute between the respondent and the petitioner as per the Clause 7 of Registered Sale Agreement dated : 05.11.2022, Annexure-A. (b) To grant such other relief/s or direction as this Hon'ble Court deems fit to pass in the facts and circumstances of the case. 2. The petitioner had entered into agreement of sale with M/s. SVR Infra Projects represented by its Proprietor Sri. P.Kushal, who is the respondent herein. The said agreement is governed by an arbitration clause in terms of clause 7, which is reproduced hereunder for easy reference: "7. DISPUTE RESOLUTION 7.1 Any dispute arising amongst the parties hereto during the subsistence of this Agreement or thereafter in connection with the validity interpretation, implementation or alleged breach of any provision of this Agreement or regarding a question, including the questions as to whether the termination of this Agreement has been legitimate, the parties shall endeavor to settle such dispute amicably. - 3 - HC-KAR NC: 2025:KHC:51549 CMP No. 122 of 2025 7.2 In the case of failure by the parties to resolve the dispute in the manner set out above with in 30 days from the date when the dispute arose, the dispute shall be referred to a sole arbitrator mutually appointed by both parties. The place of the arbitration shall be Bengaluru. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time and shall be conducted in the English language." 3. The petitioner had issued a notice under Section 21 of the Arbitration and Conciliation Act, 1996 (for short, "the Act") invoked the arbitral clause and nominated its arbitrator. The petitioner had issued a notice raising its disputes on 04.07.2024, since the disputes had not been resolved, the petitioner issued one more notice on 27.09.2024 under Section 24 of the Act nominating its arbitrator. 4. Though the said notice was served on the respondent, the respondent choose not to reply to the same. Hence, the petitioner approached this Court. 5. Notice having been issued to the respondent, the respondent was initially represented by a counsel. However, the said counsel has not been appearing for the respondent and this Court vide order dated 28.11.2025 observing that none has appeared for the respondent as - 4 - HC-KAR NC: 2025:KHC:51549 CMP No. 122 of 2025 categorically indicated that if none were to appear for the respondent today the matter would be taken up for consideration in such absence. As such, the matter is taken up for consideration. 6. A perusal of the documents indicates that there is an agreement of sale entered into between the petitioner and the respondent, who is the Proprietor of SVR Infra Projects. The petitioner having raised disputes and invoked the arbitration clause and nominated an arbitrator, the respondent not having acceded to the same or nominated its own arbitrator, I am of the considered opinion that the petitioner has made out a case for the appointment of an arbitrator. As such, I pass the following: ORDER i) The CMP is allowed. ii) Sri. Ajit J. Gunjal, a former judge of this Court is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. - 5 - HC-KAR NC: 2025:KHC:51549 CMP No. 122 of 2025 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 16.12.2025 at 2.30 p.m. v) All contentions are kept open. vi) 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