- 1 - HC-KAR NC: 2026:KHC:15293 CMP No. 345 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.345 OF 2023 BETWEEN: 1. GURURAJ JOSHI S/O PRALHADACHARYA JOSHI, PRACTICING ADVOCATE, AGED ABOUT 63 YEARS, JOSHI LAW CHAMBERS, NO.401, ASHRITA ULTIMA, S.C.MAIN ROAD, OPPOSITE HOTEL HOYSALA, BENGALURU - 560 020. …PETITIONER (BY SRI. SHACHI GURURAJ JOSHI, ADVOCATE) AND: 1. M/S ANAND RATHI SHARE AND STOCK BROKERS LTD. REGD. OFFICE AT 4TH FLOOR, SILVER METROPOLIS, JAI COACH COMPOUND, OPP. BIMBSAR NAGAR, NEAR WESTERN EXPRESS HIGHWAY, GOREGAON (EAST), MUMBAI-400063 REPRESENTED BY ITS REGIONAL OFFICE AT: M/S ANAND RATHI SHARE AND STOCK BROKERS LTD., Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15293 CMP No. 345 of 2023 REGIONAL OFFICE 4TH FLOOR, INDIAN EXPRESS BUILDING, QUEENS ROAD, BENGALURU -560001. …RESPONDENT (BY SRI. GEORGE JOSEPH, ADVOCATE) THIS CMP IS FILED UNDER SEC.11 (4) AND11 (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR WHO ARE IN THE LIST OF HIGH COURT ARBITRATION AND MEDIATION CENTRE, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU PROPER CONSTITUTION OF TRIBUNAL AND PROPER ADJUDICATION BASED UPON, COUNTER CLAIM OF THE PETITIONER THROUGH THE FRESH ARBITRATION AS PER CLAUSE 45 OF CLIENT ENROLLMENT FORM DATED 09.02.2012 STATED ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this Petition, the petitioner has sought for appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act'), in - 3 - HC-KAR NC: 2026:KHC:15293 CMP No. 345 of 2023 terms of Clause 45 of the Client Enrollment Form dated 09.02.2012(Annexure-A). 3. It is argued by the learned counsel appearing for the petitioner by referring to Clause 45 of the Client Enrollment Form dated 09.02.2012 and also the Judgment dated 24.08.2020 in A.S.No.70/2015 filed under Section 34 of the Act, on the file of the XX Addl. City Civil and Sessions Judge, Bengaluru, that the said order passed by the learned Sessions Judge has reached finality and therefore, sought for implementation of the order as such. 4. Per contra, learned counsel appearing for the respondent, referred to Clause 24 of Annexure-A and submitted that, there is no necessity for appointment of Arbitrator as such and further submitted that even if there would be any such order passed by the Court under Section 34 of the Act, the right of the petitioner to appoint Arbitrator cannot be taken away and accordingly, sought for interference of this Court. 5. In the light of the submissions made by the learned counsel appearing for the parties, on careful consideration of the petition papers, Clause 45 of the Client Enrollment Form - 4 - HC-KAR NC: 2026:KHC:15293 CMP No. 345 of 2023 provides for resolution of dispute between the parties under the provisions of the Arbitration and Conciliation Act. It is also pertinent to mention herein that Arbitral Award has already been passed on 25.03.2015, and the said Arbitral Award came to be set aside by the competent Court(Annexure-C1), by exercising jurisdiction under Section 34 of the Act, reserving liberty to the plaintiff and defendant No.1 to agitate their grievance redressed as per Clause 45 of the Client Enrolment Form(Annexure-A), dated 09.02.2012. 6. In that view of the matter, I am of the view that, appointment of an Arbitrator is necessitated. Accordingly, Shri. S.R. Somasekhara, former District Judge be appointed as Arbitrator to resolve the dispute between the parties in this petition. 7. Since parties are represented through their learned counsel, the parties are directed to appear before the Arbitration and Conciliation Centre, Race Course Road, Bengaluru, on 15.04.2026 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to dispose of the matter. - 5 - HC-KAR NC: 2026:KHC:15293 CMP No. 345 of 2023 8. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Shri. S.R. Somasekhara, former District Judge, forthwith. 9. Accordingly, this Civil Miscellaneous Petition stands disposed of. 10. All contentions of the parties are kept open. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 44