- 1 - HC-KAR NC: 2026:KHC:10384 CMP No. 161 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 161 OF 2024 BETWEEN: THE LEGAL ATTORNEYS AND BARRISTERS THROUGH IMRAN A (AUTHORISED REPRESENTATIVE) NO.7, 2ND FLOOR, THALAANKI VILLA, WALTON ROAD, BANGALORE-560001. …PETITIONER (BY SRI. MOH. KAMRAN KHAN., ADV. SRI MOHAMMED SADIQUE U K, ADV. & SRI SREENARENDRA JHA, ADV. (NOC NOT OBTAINED)) AND: AMBIDENT MARKETING PVT LTD (THROUGH MANAGING DIRECTOR) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10384 CMP No. 161 of 2024 NO.9/A, KHB MAIN ROAD, KANAKANAGAR, R.T.NAGAR POST, BENGALURU-560032 …RESPONDENT (V/O/D 05.02.2026 SERVICE OF NOTICE RESPONDENT H/S) THIS CMP IS FILED UNDER SECTION 11(6) AMD 11(8) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO PASS AN ORDER REGARDING APPOINTMENT OF HON’BLE MR. JUSTICE (RETD. ALLAHABAD HIGH Court) SUDHIR NARAIN AGARWALS AS SOLD ARBITRATOR IN TERMS OF CLAUSE 13 OF THE AGREEMENT DATED 05TH MAY, 2017 BETWEEN THE PETITIONER AND RESPONDENT WITH DIRECTION TO ENTER TO REFERENCE, COMPLETE THE PROCEEDINGS AND GIVE THE AWARD WITHIN SUCH TIME AS THIS HON’BLE Court WILL BE PLEASED TO DETERMINE, AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: *** - 3 - HC-KAR NC: 2026:KHC:10384 CMP No. 161 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this Civil Miscellaneous Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act of 1996’) for the appointment of an arbitrator to resolve the dispute between the parties to the petition in terms of clause 13 of the agreement dated 05.05.2017, vide Annexure-B as per the provisions of the Act. 2. Brief facts, leading rise to the filing of this petition are as follows: The petitioner “The Legal Attorneys & Barristers” is a law firm in Bangalore. The petitioner and respondent have entered into agreement on 05.05.2017, and the dispute arose between the petitioner and respondent in terms of the agreement dated 05.05.2017. The petitioner invoked an arbitration clause and filed a petition before the Delhi - 4 - HC-KAR NC: 2026:KHC:10384 CMP No. 161 of 2024 High Court by issuing a notice on 18.08.2020. Thereafter, the petitioner approached the Delhi High Court in ARB.P.No.212/2021. The petitioner withdrawn the said petition on the ground that the Bangalore Court has a jurisdiction to entertain the petition. The Delhi High Court vide order dated 03.03.2022 permitted the petitioner to withdraw the petition, and liberty was granted. Thereafter, the petitioner filed this petition. Hence, this petition. 3. A notice was issued to the respondent. Despite the service of notice, the respondent remained unrepresented. 4. Heard the learned counsel for the petitioner, and perused the records. 5. The point that would arise for consideration is as follows: - 5 - HC-KAR NC: 2026:KHC:10384 CMP No. 161 of 2024 “Whether the petitioner has made out a ground to refer the dispute to the arbitration in terms of clause 13 of the agreement vide Annexure-B, as per the provisions of Arbitration and Conciliation Act and the Rules? 6. The petitioner and the respondent have entered into agreement on 05.05.2017 to resolve the dispute between the parties and there is an arbitration. The petitioner invoked an arbitration clause as per clause 13 of the agreement, , which reads as follows: 13.Disputes Any dispute, controversy or claim arising out of or relating to the Agreement is settled by arbitration. Should arbitrations fail, the parties are entitled to apply to their local courts of law. 7. From the perusal of the arbitration clause, if the dispute arises between the parties to the petition out of terms and conditions of agreement dated 05.05.2017, the said dispute has to be resolved through an arbitration. The - 6 - HC-KAR NC: 2026:KHC:10384 CMP No. 161 of 2024 petitioner invoked an arbitration clause by issuing a arbitration notice under Section 21 of the Act of 1996 on 18.08.2020. Thereafter, the petitioner approached the Delhi High Court in ARB.P.No.212/2021. The said petition came to be withdrawn by the petitioner with a liberty to approach this Court. The Delhi High Court vide order dated 03.03.2022 permitted the petitioner to withdraw the petition and a liberty was granted to approach this Court. Admittedly, there is an arbitration clause in the agreement and the dispute arose between the parties to the petition and the same shall be resolved through an arbitration. Hence, the petitioner has made out a ground to refer the arbitral dispute to the arbitrator. Accordingly, the point is answered in the affirmative. 8. In view of the above discussion, I proceed to pass the following order: ORDER i. The Civil Miscellaneous Petition is allowed. - 7 - HC-KAR NC: 2026:KHC:10384 CMP No. 161 of 2024 ii. Shri H.V.Ramachandra Rao, District Judge (retired) is nominated as an arbitrator to resolve the dispute between the parties to the petition in terms of clause 13 of the agreement vide Annexure-B as per the provisions of Arbitration and Conciliation Act, 1996 and the Rules. iii. The Registry is directed to forward a copy of this order to the learned Arbitrator and the Arbitrator, the Director and the Arbitration and Conciliation Center, Bangalore. iv. The Registry is directed to return the original/certified copy of the documents produced by the petitioner after retaining the photocopy of the same. v. All the contentions of the parties are kept open. vi. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB