- 1 - HC-KAR NC: 2025:KHC:45630 CMP No. 557 of 2024 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. 557 OF 2024 BETWEEN: MRS SUDESH KUMARI LAMBA W/O LATE MR JAGJIT LAMBA AGED ABOUT 75 YEARS, PRESENTLY RESIDING AT FLAT NO 403, RAJARAJESHWARI ENCLAVE, 27TH CROSS, IDEAL HOMES, HBCS LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE 560098 …PETITIONER (BY SRI. RAVI SHANKAR C S.,ADVOCATE) AND: 1. M/S RATHI MARKETING A REGISTERED PARTNERSHIP FIRM (REGISTERED OF FIRMS NO SJN-F-399/2010-11) HAVING ITS REGISTERED OFFICE NO 10 1ST MAIN, 13TH CROSS, HANUMAIAH LAYOUT, SANJAY NAGAR, BANGALORE 560094 REPRESENTED BY ITS PARTNERS, SRI ABHIJEET RATHI AND SRI VISHNUKANT RATHI 2. MR ABHIJEET RATHI S/O MR RAM KISHAN RATHI NO 10 1ST MAIN 13TH CROSS, HANUMAIAH LAYOUT, SANJAY NAGAR, BANGALORE 560094 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45630 CMP No. 557 of 2024 3. MR VISHNUKANT RATHI S/O LAXMIKANT RATHI NO 40 50 FEET ROAD, NGEF LAYOUT RMV II STAGE, SANJAY NAGAR BENGALURU 560094 4. M/S LITTLE ITALY EXPRESS FOODS PVT LTD A PRIVATE LIMITED COMPANY INCORPORATED UNDER INDIAN COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO 465, GANESH KHIND ROAD SHIVAJI NAGAR, PUNE 411016 REPRESENTED BY ITS MANAGING DIRECOTR, MR RAJESH MEHTA …RESPONDENTS (BY SRI. RAMACHANDRA P.N. ADVOCATE FOR R1 TO R3; R4-SERVED) THIS CMP IS FILED UNDER SEC.11(5)(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR (ACCORDING TO CLAUSE 17 OF LEASE DEED DATED 19.01.2018) TO ARBITRATE UPON THE DIFFERENCES/DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT ARISING OUT OF THE LEASE DEED DATED 19.01.2018 PRODUCED AS ANNEXURE-A AND ETC. THIS CMP, COMING ON FOR ADMISSION, 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: a. To appoint an Arbitrator (according to clause 17 of Lease deed dated 19.1.2018) to Arbitrate upon the differences/disputes between the petitioner and the - 3 - HC-KAR NC: 2025:KHC:45630 CMP No. 557 of 2024 Respondent arising out of the Lease Deed dated 19.01.2018, produced as Annexure-A. b. Grant such other relief/s 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. The petitioner and the respondent had entered into a lease deed on 19.01.2018, wherein the arbitration Clause 17, reads as under: “17.ARBITRATION In the event of any disputes or differences between the parties arising out of, or relating to, or in connection with, this Lease, including interpretation of, rights and obligations under, validity, discharge, purpose, breach, termination, compliance enforcement of this deed or of any of its provisions, the same shall be referred to arbitration by a sole arbitrator. The place of arbitration shall be Bangalore and the proceedings shall be conducted in English. The arbitration shall be conducted as per the provisions of the Arbitration & Conciliation Act 1996. The award of the arbitrator shall be final and binding upon the Parties. Without prejudice to and without affecting the provisions for arbitration, Bangalore Courts alone shall have exclusive jurisdiction in relation to any dispute between the Parties pertaining to this agreement.” 3. There being certain disputes between the parties, the petitioner issued notice on 27.05.2023 invoking the arbitration clause and appointing as arbitrator. The respondent replied to the same suggesting the - 4 - HC-KAR NC: 2025:KHC:45630 CMP No. 557 of 2024 names of two other arbitrators. The petitioner on 24.06.2023 replied stating that he is agreeable to one of the arbitrators nominated by the respondent. Subsequent thereto the husband of the petitioner having expired, the arbitration proceedings could not be proceeded with and as such, thereafter the petitioner having succeeded to her husband's estate had issued a notice on 15.07.2024 to continue the arbitration, which was reiterated in the further notice dated 15.10.2024. No reply having been received, the petitioner is before this Court seeking for the aforesaid reliefs. 4. Respondents No.1 to 3 were served and a counsel had entered appearance for them. Respondent No.4, though served, has chosen to be unrepresented. 5. This Court vide order dated 31.10.2025, noticing the absence of the counsel for respondents No.1 to 3 had categorically observed that if none were to appear for Respondents No.1 to 3 today, the matter would be - 5 - HC-KAR NC: 2025:KHC:45630 CMP No. 557 of 2024 taken up for consideration based on submission made by the counsel for the petitioner. In that background, the petition was taken up for consideration. 6. It is clear from the correspondences which have been exchanged between the parties that the arbitration clause is not in dispute so also that there are disputes in existence between the parties. 7. Both the parties having nominated their own arbitrators, the petitioner's husband had agreed to the nomination made by the respondents. However, unfortunately the matter could not proceed with and now the said agreed nominee cannot be appointed as the arbitrator since he cannot take up arbitration proceedings. In that view of the matter, I pass the following: ORDER i) CMP is allowed. - 6 - HC-KAR NC: 2025:KHC:45630 CMP No. 557 of 2024 ii) Sri.Justice B.A.Patil, 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. 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 all the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any notice on 27.11.2025 at 2.30 p.m. v) All contentions are left 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 PRS List No.: 1 Sl No.: 58