Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53230 CMP No. 577 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 577 OF 2025 BETWEEN:
MR. NAZRU SHEERIES BASHEER, AGED 50 YEARS, S/O.LATE M.B.BASHEER, RESIDING AT NO.95, II CROSS, 'C' LAYOUT, BANNI MANTAP, MYSORE-560 015 …PETITIONER (BY SRI. T.P VIVEKANANDA, ADVOCATE) AND:
SHRI K S NARAYANA, AGED 59 YEARS, S/O.LATE K.V.SRINIVASEGOWDA, RESIDING AT NO.2712, II CROSS, 17TH MAIN, SNAKE SHAM ROAD, VIJAYANAGAR II STAGE, MYSORE-560 017 …RESPONDENT (BY SRI. SOURABH R. K, ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR TO ARBITRATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT ARISING FROM THE LEASE AGREEMENT DATED 02.10.2022 AT ANNEXURE A AS PROVIDED IN CLAUSE 20 OF THE SAID AGREEMENT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53230 CMP No. 577 of 2025
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: Wherefore, the petitioner respectfully prays that this Hon'ble Court may be pleased to appoint an arbitrator to arbitrate the dispute between the petitioner and the respondent arising from the lease agreement dated 02.10.2022 at annexure a as provided in clause 20 of the said agreement, in the interest of justice and equity.
2. After arguing for sometime, both counsels submit that initially the matter may be referred to mediation and in the event of mediation not being successful, an arbitrator could be appointed, by keeping all the
contentions open. In that view of the matter, I pass the following:
ORDER i. CMP is allowed. ii. The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. Since, order is passed in the presence
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HC-KAR NC: 2025:KHC:53230 CMP No. 577 of 2025
of both the counsels they shall appear before the Director, Karnataka Mediation Centre without requirement of any further notice at 02.30 p.m. on 12.01.2026. iii. In the event of mediation being successful, the successful mediation report to be placed before this Court. iv. In the event of mediation not being successful, the Director of Mediation Center is directed to forward the copy of the file to the Director of Arbitration and Conciliation Center attached to this Court. v. Sri.S.S.Nagarale., a former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. vi. All contentions are kept open.
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HC-KAR NC: 2025:KHC:53230 CMP No. 577 of 2025
vii. Original and/or certified copies if produced are
directed to be returned to the respective parties who have produced it/them by following due procedure.
SD/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 80