- 1 - HC-KAR NC: 2025:KHC:32426 CMP No. 151 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 151 OF 2024 BETWEEN: M/S. AVINASHI ADS HAVING ITS OFFICE AT NO.8A (42) 4TH FLOOR, II MAIN ROAD, RAGHAVENDRA LAYOUT, NEAR RNS MOTORS, YESHWANTPUR, BENGALURU-560022 A PROPRIETARY CONCERN, REPRESENTED BY ITS PROPRIETRIX MRS. AMBUJA A TALWAR .. PETITIONER (BY SRI. MOHANA C, ADVOCATE) AND: M/S. BENGALURU DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020 REPRESENTED BY ITS EXECUTIVE ENGINEER (INFRASTRUCTURE DIVISION) .. RESPONDENT (BY SRI. AJAY KUMAR M, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT SHRI. VIRUPAXAPPA H. SAMBRANI, RETIRED DISTRICT AND SESSIONS JUDGE AND ARBITRATOR AS THE SOLE ARBITRATOR TO ADJUDICATE UPON THE AFOREMENTIONED DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT IN AN ARBITRATION PROCEEDING IN ACCORDANCE WITH CLAUSE X OF THE LEASE DEED/AGREEMENT DATED 26.03.2018 AND ALSO CLAUSE 7 OF GENERAL CONDITIONS AND SPECIAL CONDITIONS OF CONTRACT VIDE ANNEXURE A AND REFER THE DISPUTES TO THE SAID SOLE ARBITRATOR AND ETC. ALSO PASS SUCH OTHER DIRECTIONS OR ORDERS AS THIS HONBLE COURT MAY DEEM FIT TO PASS IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN INTERESTS OF JUSTICE AND EQUITY. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32426 CMP No. 151 of 2024 THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') seeking appointment of an Arbitrator in terms of Clause X of the Lease Deed dated 26.03.2018 and also Clause 7 of General Conditions and Special Conditions of Contract (Annexure-A) to the petition, to adjudicate upon the dispute that has arisen between the petitioner and the respondent. 3. The Arbitration Clause, at Clause X of Annexure-A reads as under : "(a) In case of dispute or difference arising between the Employer and the Agency relating to any matter arising out of or connected with this agreement, the settle may be submitted by either Party to the Commissioner, BDA, Bangalore. The decision of the Bangalore Development Authority, Bangalore will be the final." - 3 - HC-KAR NC: 2025:KHC:32426 CMP No. 151 of 2024 4. A careful examination of the aforesaid Clause would indicate that, resolution of dispute has to be made by either of the parties before the Commissioner, Bengaluru Development Authority. Further, on a careful examination of the order dated 02.01.2024 (Annexure-H), passed by the Commissioner, Bengaluru Development Authority, it is noticed that the agreement entered into between the Bengaluru Development Authority and the petitioner has been terminated by the Bengaluru Development Authority invoking Clause 2.7.1(d) and Section V of the General Condition of Contract Tender Clause, in which the Commissioner of the Bengaluru Development Authority is a signatory to the same. 5. In that view of the matter, since the Commissioner of the Bengaluru Development Authority has already taken a decision as per Annexure-H to the petition, the petitioner has made out a case for appointment of an Arbitrator. 6. Accordingly, I pass the following order : ORDER i) Petition is allowed; - 4 - HC-KAR NC: 2025:KHC:32426 CMP No. 151 of 2024 ii)*Sri.D.R.Venkatasudarshana, Retired District Judge, is appointed as the Sole Arbitrator to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case to resolve the dispute between the parties, in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre; iii) In order to avoid further delay, the parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru, on 24.09.2025 at 11 am. iv) All claims and contentions of the parties are left/kept open to be decided by the Arbitral Tribunal. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. Sd/- (E.S.INDIRESH) JUDGE rs/List No.: 1 Sl No.: 40/CT: BHK *corrected vide Chambers order dated 09.09.2025