- 1 - HC-KAR NC: 2025:KHC:44235 CMP No. 473 of 2025 C/W CMP No. 304 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 473 OF 2025 C/W CIVIL MISC. PETITION NO. 304 OF 2025 IN CMP No. 473/2025 BETWEEN: 1. M/S GEETANJALI EDUCATIONAL TRUST, A REGISTERED TRUST HAVING ITS REGISTERED OFFICE AT SY. NO. 77/7, PANATHUR VILLAGE VARTHUR HOBLI, BANGALORE EAST-560 103. REP. BY ITS CHAIRMAN TRUSTEE N SHIVAPRASAD. 2. M/S ACADEMY OF ART AND ARCHITECTURE, A REGISTERED TRUST HAVING REGISTERED OFFICE AT CA-2, BODAGI II STAGE, MYSURU -560026, REP. BY ITS SECRETARY TRUSTEE, MR. N SHIVAPRASAD. 3. SRI N. SHIVAPRASAD, S/O LATE NANJAPPA, AGED ABOUT 61 YEARS, NO.415, 6TH A MAIN, HRBR LAYOUT, 2ND BLOCK, KALYAN NAGAR, BENGALURU-560 043. PRESENTLY R/AT NO. 29, SRT COMPLEX, OUTER RING ROAD, SERVICE ROAD, CHALEKERE, BENGALURU -560 043. 4. SMT. UMA PRASAD, W/O N. SHIVAPRASAD, AGED ABOUT 56 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44235 CMP No. 473 of 2025 C/W CMP No. 304 of 2025 PRESENTLY R/AT NO. 29, SRT COMPLEX, OUTER RING ROAD, SERVICE ROAD, CHALEKERE, BENGALURU 560 043 …PETITIONERS (BY SMT. SANJANA RAO, ADVOCATE) AND: VIDHYAASHARAM EDUCATION FOUNDATION, A PUBLIC CHARITABLE TRUST, HAVING REGISTERED OFFICE AT NO.22, CRESCENT ROAD CROSS, HIGH GROUNDS, BANGALORE - 560001. REP. BY ITS TRUSTEES. …RESPONDENT (BY SRI RAJESWARA.P.N, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT, A SOLE ARBITRATOR AS THIS HON'BLE COURT MAY DEEM FIT, AND REFER THE DISPUTES BETWEEN THE PARTIES TO ARBITRATION UNDER THE MEMORANDUM OF AGREEMENT DATED 11.12.2023 AT ANNEXURE A. IN CMP NO. 304/2025 BETWEEN: M/S VIDHYAASHRAM EDUCATION FOUNDATION, NO.22, CRESCENT ROAD CROSS, HIGH GROUNDS, KUMARA PARK EAST, BENGALURU 560 001. ALSO AT NO.12, TEMPLE ROAD, JAYALAKSHMIPURAM, MYSORE 570 012, REP. BY ITS AUTHORIZED FOUNDER AND TRUSTEE K. RAKESH RAJE URS, S/O LATE G. KRISHNE URS, AGED ABOUT 49 YEARS. ...PETITIONER (BY SRI RAJESWARA P.N, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:44235 CMP No. 473 of 2025 C/W CMP No. 304 of 2025 AND: 1. ACADEMY OF ART AND ARCHITECTURE HAVING ITS REGISTERED OFFICE AT # CA-2, BOGADI II STAGE, MYSURU 570 026. REP. BY ITS TRUSTEE AND CHAIRPERSON, SRI NIKHIL SHIVAPRASAD. 2. SRI N. SHIVAPRASAD, S/O. LATE NANJAPPA, AGED ABOUT 60 YEARS, R/AT FLAT NO.29, SRT TOWER, OUTER RING ROAD, SERVICE ROAD, CHALEKERE, BENGALURU 560 043. 3. SMT. UMA SHIVAPRASAD, W/O N. SHIVAPRASAD, AGED ABOUT 53 YEARS, RESIDING AT FLAT NO. 29, SRT TOWER, OUTER RING ROAD, SERVICE ROAD, CHALEKERE, BENGALURU 560 043. 4. M/S SRI GEETANJALI EDUCATIONAL TRUST, A REGISTERED TRUST HAVING ITS REGISTERED OFFICE AT SY NO.77/7, PANATHUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, AT BENGALURU-560 087. REP. BY ITS TRUSTEE AND CHAIRPERSON, SRI NIKHIL SHIVAPRASAD. ...RESPONDENTS (BY SMT. SANJANA RAO, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT THE REMAINING MEMBERS OF THE THREE MEMBER ARBITRAL TRIBUNAL AND TO CONSTITUTE THE ARBITRAL TRIBUNAL FOR THE REFERENCE OF DISPUTES BETWEEN THE PARTIES HEREIN AS PER CLAUSE 8(ii) OF MEMORANDUM OF AGREEMENT DATED 11.12.2023 VIDE ANNEXURE-A AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT, IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - HC-KAR NC: 2025:KHC:44235 CMP No. 473 of 2025 C/W CMP No. 304 of 2025 THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner in CMP No. 473/2025 is before this Court seeking for the following reliefs; a. "APPOINT, a sole Arbitrator as this Hon'ble Court may deem fit, and refer the disputes between the parties to arbitration under clause 8(ii) the Memorandum of Agreement dated 11.12.2023 at ANNEXURE-A; b. GRANT Such other relief as this Hon'ble Court may deem fit, in the interests of justice and equity." 2. The petitioner in CMP No. 304/2025 is before this Court seeking for the following reliefs; "WHEREFORE, the Petitioner most humbly prays that the Hon'ble Court be pleased to appoint the remaining members of the three-member Arbitral Tribunal and to constitute the Arbitral Tribunal for the reference of disputes between the parties herein as per Clause 8(ii) of Annexure-A Memorandum of Agreement dated 11.12.2023 and pass such other order or orders as this Hon'ble Court deems fit, in the circumstances of the case, in the interest of justice and equity." 3. The petitioner in CMP No.473 of 2025 is the respondent in CMP No.304 of 2025 and the petitioner in CMP No.304 of 2025 is the respondent in CMP - 5 - HC-KAR NC: 2025:KHC:44235 CMP No. 473 of 2025 C/W CMP No. 304 of 2025 No.473 of 2025. Both of them have issued respective notices invoking the application clause, each of them nominating their respective arbitrators. No consensus has been arrived at as regards the name of the arbitrator to whom each of them is approached by this Court filing above petitions. 4. In view of the above facts it is clear that both parties have admitted the arbitration Clause only dispute is as regards the arbitrator to be appointed. 5. The petitioner in CMP No.304 of 2025 had nominated its arbitrator and called upon the respondent to nominate its arbitrator. The respondent had inturn nominated his arbitrator but however requested for a sole arbitrator to be appointed. It is in that background, that both of them are before this Court. 6. The arbitration Clause between the parties is as per Clause 8(ii) of Memorandum of Agreement dated 11.12.2023, which is reproduced hereunder for easy reference; - 6 - HC-KAR NC: 2025:KHC:44235 CMP No. 473 of 2025 C/W CMP No. 304 of 2025 Clause 8: The provisions of this MOA shall be binding upon and inure to the benefit of the parties hereto and their respective legal heirs, successors and beneficiaries, permitted assigns. Nothing in this MOA either express or implied is intended to release their respective legal heirs, successors and permitted assigns from liability and responsibility with respect to its rights and obligations here under: ii. In the event that the matter cannot be resolved by negotiation or mediation as set out in this memorandum, the parties agree to resolve the matter by arbitration, the relevant provisions of the Indian Arbitration and Conciliation Act, 1996 provisions shall apply. There will be two arbitrators one to be appointed by each party and in case of difference of opinion between them to an umpire appointed by the said two arbitrators before entering on the reference and the decision of the arbitrator (or such arbitrators, or umpire as the case may be) shall be final and binding on the parties. 7. The perusal of the said Clause indicates that the arbitration can be conducted by a panel of 3 arbitrators each of the parties appointing their arbitrator and 3rd being appointed by the 2 arbitrators so appointed. 8. Both the parties have not arrived at a consensus to appoint a sole arbitrator, the arbitration Clause being clear requires a panel of 3 arbitrators. Hence, the arbitrator nominated by the petitioner is treated as a nominee of the petitioner, the arbitrator nominated - 7 - HC-KAR NC: 2025:KHC:44235 CMP No. 473 of 2025 C/W CMP No. 304 of 2025 by the respondent treated as a nominee of the respondent, both the said arbitrator to appoint the presiding arbitrator. 9. With the said observation, petitions stand disposed of. 10. If the arbitrators so desire, the arbitration could be carried out under the aegis of the arbitration and conciliation center attached to this Court. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 91