- 1 - HC-KAR NC: 2025:KHC:46864 CMP No. 921 of 2022 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. 921 OF 2022 BETWEEN: MR ASHOK KUMAR S/O LATE N K TAYAL AGED 62 YEARS R/A NO 183, 9TH MAIN, VIJAYANAGAR BANGALORE 560040 REP BY HIS POWER OF ATTORNEY MR RAKESH TAYAL S/O CHETAN P TAYAL …PETITIONER (BY SRI. J P DARSHAN, ADVOCATE) AND: 1. SRI NARASIMHAPPA S/O LATE NANJUNDAPPA AGED 70 YEARS 2. SRI N NAGARAJA S/O NARASIMHAPPAA AGED 39 YEARS 3. SMT RATHNAMMA D/O NARASIMHAPPA AGED 43 YEARS 4. SMT GAYATHRI D/O NARASIMHAPPA AGED 36 YEARS ALL ARE R/AT GANTAMAVARAPALLI DISTRICT KASABA HOBLI, BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT-561207 …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46864 CMP No. 921 of 2022 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT SOLE ARBITRATOR TO DETERMINE AND ADJUDICATE THE DISPUTE BETWEEN THE PARTIES ACCORDANCE WITH ARBITRATION CLAUSE 32 IN AGREEMENT OF SALE DATED 15.07.2014 PRODUCED AS ANNEXURE-C AND WITH PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996 AS MENTIONED IN ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, 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; i. Appoint sole arbitrator to determine and adjudicate the dispute between the parties accordance with arbitration clause 32 in agreement of sale dated 15.07.2014 produced as Annexure-C and with provisions of the arbitration and conciliation act, 1996 as mentioned in Annexure-C. ii. Grant such other relief/s as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity. iii. Award costs, in the interest of justice and equity. 2. Notice issued under Section 21 of the Arbitration and Conciliation Act has not been served on the respondent and has been returned with endorsement ‘addressee not found’. - 3 - HC-KAR NC: 2025:KHC:46864 CMP No. 921 of 2022 3. Though Learned counsel for the petitioner submits that the notice has been sent to the last known address of the respondent, there being a requirement of consent for appointment of an arbitrator, since there is no named arbitrator in the arbitration clause, I am of the concerned opinion that there is a defective service of notice under Section 21 of the A&C Act. 4. In that view of the matter, reserving liberty to the petitioner to issue fresh notice to the current and proper address of the respondents, the petition stands disposed. 5. 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 LN List No.: 1 Sl No.: 78