- 1 - HC-KAR NC: 2026:KHC:7295 CMP No. 219 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 219 OF 2024 BETWEEN: M/S HIGGINBOTHAMS PRIVATE LIMITED 116, ANNA SALAI CHENNAI - 600002 THROUGH ITS AUTHORIZED REPRESENTATIVE MR NASIR AHMED SHARIFF AGE 52, OCCUPATION: CHIEF OPERATING OFFICER AUTHORIZED VIDE ITS BOARD RESOLUTION DATED 06-03-2024 …PETITIONER (BY SRI. KULKARNI ABDULRASHEED SIKANDER SAB., ADVOCATE) AND: EVOLVE BUSINESS VENTURES HAVING OFFICE AT 18/1, MODEL HOUSE ROAD, OFF KARIYAPPA ROAD BASAVANAGUDI BANGALORE – 560004 REP. BY MANAGING DIRECTOR …RESPONDENT (BY SRI. VARDHAMAN V GUNJAL., ADVOCATE) THIS CMP IS FILED UNDER SEC. 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7295 CMP No. 219 of 2024 APPOINT A SOLE ARBITRAROR TO ADJUDICATE THE DISPUTES ARISING OUT OF THE CONTRACT DATED 29.12.2018 IN EXERCIXE OF THE POWERS CONFERRED UNDER SECTION 11(1) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND CLAUSE 13.2 OF THE CONTRACT DATED 29.12.2018 VIDE ANNEXURE A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. This Civil Miscellaneous Petition is filed under section 11(5) of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’) for the appointment of the sole Arbitrator to resolve the dispute between the petitioner and the respondent in terms of clause 13.2 of the Retail Partner Agreement dated 29.12.2018, as per the provisions of the Act. 2. Brief facts leading rise to the filing of this petition are as follows: 3. The petitioner and the respondent entered into a Retail Partner Agreement dated 29.12.2018. Due to covid 19 pandemic, retail outlets at the airport were - 3 - HC-KAR NC: 2026:KHC:7295 CMP No. 219 of 2024 closed, and the relief measures were negotiated between the parties regarding minimum monthly guarantees. Further, the respondent’s contract with Airport Authority of India was terminated, leading the petitioner to directly engage with Airport Authority of India for continued operations. Thereafter, the petitioner requested the respondent to return its security deposit citing the termination of contract and new agreement with Airport Authority of India. However, the respondent refused to refund security deposit despite several requests made by the petitioner. 4. On 14.10.2022, the respondent issued a legal notice contesting Arbitration against Airport Authority of India for wrongful termination and denying concessionaire support scheme benefits. On 05.11.2022, the petitioner issued a reply notice denying the respondent’s claims and requested to refund the security deposit. Further, the petitioner - 4 - HC-KAR NC: 2026:KHC:7295 CMP No. 219 of 2024 issued a notice to the respondent on 25.04.2023 asking them to participate in the amicable settlement in terms of clause 13 of the Agreement. On 24.11.2023, the petitioner issued an Arbitration notice invoking the Arbitration clause at clause 13.2 under section 21 of the Act. Although, the respondent replied to the arbitration notice through Email, they did not concur in appointing the Arbitrator. Hence, this petition. 5. Heard the learned counsel for the petitioner, and the learned counsel for the respondent. 6. Learned counsel for the petitioner submits that the dispute arose between the parties to the petition regarding the refund of security deposit in furtherance of the agreement dated 29.12.2018. The said dispute is arbitral in nature and the petitioner invoked an arbitration clause by issuing the arbitration notice under section 21 of the Act. Hence, on these grounds, prays to allow the petition. - 5 - HC-KAR NC: 2026:KHC:7295 CMP No. 219 of 2024 7. Per contra, learned counsel for the respondent submits that respondent has no objection in appointing the Arbitrator to resolve the dispute between the parties. 8. Perused the records, and considered the submissions of the learned counsel for the parties. 9. The point, that would arise for my consideration, is as follows: “Whether the petitioner has made out a ground to refer the dispute to the Arbitrator in terms of clause 13.2 of the retail partner Agreement dated 29.12.2018 as per the provisions of the Act and the Rules?” 10. It is undisputed that the parties to the petition entered into the Retail Partner Agreement dated 29.12.2018. The dispute arose between the parties to the petition regarding the refund of Security deposit amount. The petition made an attempt for amicable settlement. Finally, the petitioner issued an - 6 - HC-KAR NC: 2026:KHC:7295 CMP No. 219 of 2024 arbitration notice dated 24.11.2023 under section 21 of the Act, calling upon the respondent to concur in appointing the arbitrator to resolve the dispute. However, the respondent did not concur in appointing the arbitrator. 11. I have perused the arbitration clause i.e., clause 13.2 of the Retail Partner Agreement dated 29.12.2018, which reads, as follows: 13.2 Arbitration 13.2.1 Any Dispute, which is not settled by negotiation and conciliation, shall be resolved by final and binding arbitration. The arbitral tribunal shall consist of only 1 (one) arbitrator. The sole arbitrator shall be appointed mutually by both the parties. 13.2.2 The arbitration shall be regulated under the provisions of the Arbitration and Conciliation Act, 1996. 13.2.3 A Party seeking to commence arbitration under this Clause shall first serve a written notice (an "Arbitration Notice"), - 7 - HC-KAR NC: 2026:KHC:7295 CMP No. 219 of 2024 specifying the matter or matters to be so submitted to arbitration, on the other disputing Parties hereto. 13.2.4 All arbitration proceedings shall be conducted in the English Language and the venue of arbitration shall be Bangalore, India. In connection with the arbitration proceedings, the Parties hereby agree to cooperate in good faith with each other and the arbitral tribunal, to use their best efforts to respond promptly to any reasonable discovery demand made by any Party and the arbitral tribunal. The language of arbitration shall be English. 13.2.5 The cost of the arbitration including fee of the arbitrator, administrative expenses etc., shall be shared equally by the disputing Parties. However, in the award, the arbitrator may award and direct payment of such costs to the successful Party by the losing Party in which case the award shall prevail. 12. From the perusal of clause 13.2 of the Agreement dated 29.12.2018, it is clear that, the parties shall endeavour to resolve the claims, disputes, questions or controversies in connection with agreement - 8 - HC-KAR NC: 2026:KHC:7295 CMP No. 219 of 2024 through Amicable negotiation and conciliation and if the dispute is not resolved by amicable negotiation or conciliation, it shall be referred to the Arbitration involving the Sole Arbitrator. 13. Admittedly, in the instant case, initially the petitioner attempted for amicable settlement by issuing a notice dated 25.04.2023 and thereafter, the petitioner has invoked the arbitration clause by issuing a notice under section 21 of the Act dated 24.11.2023. The arbitral dispute has arisen between the parties and the same has to be resolved though the arbitration. 14. Learned counsel for the respondent submits no objection in appointing the sole arbitrator. 15. For the foregoing discussion and in view of the submission made by the learned counsel for the respondent, the petitioner has made out a ground for - 9 - HC-KAR NC: 2026:KHC:7295 CMP No. 219 of 2024 referring the dispute to the Arbitration. Accordingly, I answer the point in the affirmative. 16. In the result, the following: ORDER i. The Civil Miscellaneous Petition is allowed. ii. Mr. I. S. Antin, District Judge (retired), is appointed as the sole Arbitrator to resolve the dispute between the parties to the petition in terms of clause 13.2 of the Retail Partner Agreement dated 29.12.2018 as per the provisions of the Act of 1996 and the Rules. iii. The Registry is directed to communicate a copy of this order to the learned Arbitrator and the Director of Arbitration and Conciliation Centre, Bengaluru. - 10 - HC-KAR NC: 2026:KHC:7295 CMP No. 219 of 2024 iv. The office is directed to return the originals/ certified copies of the documents, after retaining the photo copies of the same. v. Pending application(s), if any, shall stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE sks(Online) CT:KHV