- 1 - HC-KAR NC: 2025:KHC:45192 CMP No. 92 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 92 OF 2023 BETWEEN: 1. SRI MANJUNATH K S KRISHNAPPA SUBRAMINI, AGED ABOUT 38 YEARS, OCC. BUSINESS, R/O NO. 96, FLAT NO. 201, SLV SUNSHINE APARTMENTS, DEFENCE LAYOUT, NEAR DEVAMATA CENTRAL SCHOOL VIDYARANYAPURA, BENGLAURU - 560 097 2. SRI. P CHANDRA RAJU S/O LATE KRISHNAMA RAJU, AGED ABOUT 42 YEARS, OCC. BUSINESS, R/O FLAT NO. 502, JYOTSNA ENCLAVE , 2ND CROSS, HENNUR MAIN ROAD, GANESHA BLOCK, BENGALURU - 560 032 3. SRI. ANANDA MURTHY N S/O NANJUNDAPPA R/O NO.1025, 3RD MAIN ROAD, VIJAYANAGAR, BENGALURU NORTH TALUK, BENGALURU - 560 040 …PETITIONERS (BY SRI. SHEKARAPPA B., ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45192 CMP No. 92 of 2023 AND: SRI P.B. DAYANAND S/O P.J. BELLIAPPA AGED ABOUT 80 YEARS, OCC: NIL, R/O NO. 6, 4TH CROSS, ARAKERE, B.G. ROAD, BENGALURU - 560 076 …RESPONDENT (RESPONDENT SERVED) *** THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW THIS APPLICATION FILED UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT AND APPOINT AN ARBITRATOR TO DECIDE THE CLAIMS / DISPUTES OF THE PETITIONER PREFERRED BY HIM UNDER CLAUSE 10.1 OF THE MEMORANDUM OF UNDERSTANDING (MOU) DATED 01.09.2021 VIDE ANNEXURE-C AND TO PASS SUCH OTHER ORDER OR DIRECTIONS AS THIS HONBLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CIVIL MISC. 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:45192 CMP No. 92 of 2023 ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: "WHEREFORE, the petitioners pray that this Hon'ble Court may be pleased to allow this application filed under section 11 of the arbitration and conciliation act and appoint an arbitrator to decide the claims / disputes of the petitioner preferred by him under clause 10.1 of the memorandum of understanding (MOU) dated 01.09.2021 vide Annexure-C and to pass such other order or directions as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 2. Petitioners and the respondent entered into a Memorandum of Understanding (MOU) on 01.09.2021. The said Memorandum of Understanding is governed by an arbitration clause, requiring all disputes to be adjudicated by way of arbitration. - 4 - HC-KAR NC: 2025:KHC:45192 CMP No. 92 of 2023 3. The said clause 10 of the MOU is reproduced hereunder for easy reference: "10. Arbitration: 10.1) In the event of there being any dispute with regards to this Memorandum of Understanding or interpretation of any of the terms and conditions of this Memorandum of Understanding the same shall be referred to arbitration of a sole Arbitrator to be appointed by the Parties and as per the provisions of Arbitration and Conciliation Act, 1996. the seat of such Arbitration shall be Bangalore." 4. Petitioners had issued several notices calling upon the respondent to comply with their obligations. Same not having been done, finally, the petitioners, on 16.11.2022, had issued a notice under Section 21 of the Arbitration and Conciliation Act, invoking the arbitration clause and nominating the sole arbitrator. 5. Though the same was served on the respondent, there is no reply and as such, the petitioner approached this Court by filing the above petition on 23.02.2023. - 5 - HC-KAR NC: 2025:KHC:45192 CMP No. 92 of 2023 6. Notice having been issued to the respondent, the respondent, though served, has chosen to be un- represented. 7. A perusal of the papers would indicate that there is a Memorandum of Understanding between the petitioners and the respondent, which is governed by an arbitration clause. 8. There being disputes as evidenced by the various notices issued by the petitioners, it is but required that those disputes are resolved by way of arbitration. 9. In that view of the matter, I pass the following: ORDER (i) Civil Misc.Petition is allowed; (ii) Sri. Kengabalaiah, Former District Judge, is appointed as the sole arbitrator. - 6 - HC-KAR NC: 2025:KHC:45192 CMP No. 92 of 2023 (iii) Since the order is passed in the presence of the counsel for the petitioners, the petitioners shall appear before the Director, Arbitration Center, Bengaluru, without the requirement of any further notice at 2.30 p.m. on 19.11.2025. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 17