- 1 - HC-KAR NC: 2026:KHC:10938 CMP No. 751 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 751 OF 2025 BETWEEN: 1T9 TECHNOLOGY PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 HAVING THEIR REGISTERED OFFICE AT BOSTON HOUSE, 7TH FLOOR, CABIN NO.7.8 SUREN ROAD, CHAKALA, ANDHERI EAST, NEAR WESTERN EXPRESS HIGHWAY METRO STATION MUMBAI, MAHARASHTRA-400093 HAVING THEIR BRANCH OFFICE AT: NO.1197/1090C 4TH FLOOR, 1090C, 14TH MAIN, 18TH CROSS, SECTOR 3 HSR LAYOUT BENGALURU KARNATAKA-560102 REPRESENTED BY THEIR AUTHORISED SIGNATORY MR. RAHUL KUNWAR …PETITIONER (BY SRI. HIREMATH PRAVEENKUMAR APPAYYA., ADVOCATE) AND: PI BEAM LABS PRIVATE LIMITED INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING THEIR REGISTERED OFFICE AT Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10938 CMP No. 751 of 2025 03 A2, 3RD FLOOR, IITM RESEARCH PARK, KANAGAM ROAD TARAMANI CHENNAI, CHENNAI, TAMIL NADU - 600113 HAVING THEIR BRANCH OFFICE AT NO.611/612, 15TH MAIN, 15TH CROSS ROAD, SECTOR-4, HSR LAYOUT, BENGALURU, KARNATAKA 560102 …RESPONDENT (BY SRI. VIVEK R., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXERCISE ITS JURISDICTION AND POWER UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT ARBITRATOR, SO THAT THE ARBITRAL TRIBUNAL CAN BE CONSTITUTED, IN ACCORDANCE WITH LAW, TO ADJUDICATE AND RESOLVE THE DISPUTES THAT HAVE ARISEN UNDER AS PER THE CLAUSE NO.20.8/20.9 OF AGREEMENT BEARING MASTER AGREEMENT NUMBER - TWAUG22L-0049 AND TWAUG22L-0088 DATED 25.08.2022 (ANNEXURE -A), MASTER AGREEMENT NUMBER - TWAUG22L-0089 TO TWAUG22L-0128 - EXECUTED ON 26.08.2022 AS (ANNEXURE - B), MASTER AGREEMENT NUMBER - TWOCT22L- 0001 TO TWOCT22L - 0065 EXECUTED ON 28.10.2022 (ANNEXURE - C), MASTER AGREEMENT NUMBER - TWOCT22L- 0066 TO TWOCT22L-0130 - EXECUTED ON 29.10.2022 (ANNEXURE - D), MASTER AGREEMENT NUMBER - TWJAN23L- 0021 TO TWJAN23L-0040 - EXECUTED ON 31.03.2023 (ANNEXURE - E), MASTER AGREEMENT NUMBER TWJAN23L - 0001 TO TWJAN23L-0020 - EXECUTED ON 31.03.2023 - 3 - HC-KAR NC: 2026:KHC:10938 CMP No. 751 of 2025 (ANNEXURE -F), MASTER AGREEMENT NUMBER - TWJAN23L- 0041 TO TWJAN23L-0050 - EXECUTED ON 28.04.2023 (ANNEXURE - G) BETWEEN THE PETITIONER AND RESPONDENT. THIS PETITION, COMING ON FOR ADMISSION, 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(6) of the Arbitration And Conciliation Act, 1996 (for short, ‘the Act’) for resolving the dispute between the parties to the petition in terms of the arbitration clause incorporated in the Master Agreements ( operating lease agreements) as per the provisions of the Act and the rules. 2. Brief facts, leading rise to the filing of this petition are as follows: 3. The respondent approached the petitioner with a proposal to avail the vehicles on lease for the - 4 - HC-KAR NC: 2026:KHC:10938 CMP No. 751 of 2025 respondents use. The petitioner further agreed to the said proposal and accordingly executed seven lease deeds, called as Operating Lease Agreements with the respondent pursuant to which the petitioner provided vehicles on lease. Further, the respondent is required to make the periodic payments as specified in the lease schedule for the vehicles that have been leased during the lease period as per the terms of the agreements. 4. However, the respondent failed to make the payment as per the agreed terms and violated the mandatory clauses of the aforementioned Agreements. The petitioner issued a demand notice cum termination notice dated 28.06.2025 on the ground of default in payment and many more grounds. The respondent did not come forward to refund the amount of Rs. 36,25,099/- 5. Thereafter, the petitioner issued an arbitration notice invoking the arbitration clause on 15.11.2025 proposing the name of the arbitrator. Although, the - 5 - HC-KAR NC: 2026:KHC:10938 CMP No. 751 of 2025 said notice was duly served on the respondent, no reply was submitted. Hence, this petition. 6. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent. 7. Learned counsel for the petitioner submits that, pursuant to the operating lease agreements having been entered into by the parties to the petition, the arbitral dispute arose and the petitioner has invoked the arbitration clause by issuing an arbitration notice under section 21 of the act. The agreements contains the arbitration clause and the dispute has to be resolved through arbitration. Accordingly, on these grounds, prays to allow the petition. 8. Per contra, learned counsel for the respondent submits that the dispute which arose between the parties to the petition is non arbitral in nature and accordingly, prays to dismiss the petition. - 6 - HC-KAR NC: 2026:KHC:10938 CMP No. 751 of 2025 9. Perused the records, and considered the submissions of the learned counsel for the parties. 10. The point, that would arise for consideration is as follows: “Whether the petitioner had made out a ground to refer the dispute to the arbitration in term of clause 20.9 contained in the Master Agreements/ operating lease agreements vide Annexure A to G as per the provisions of the Act, and the rules?” 11. It is undisputed that the petitioner executed seven lease deeds, called as Operating Lease Agreements with the respondent pursuant to which the petitioner provided vehicles on lease. Further, the respondent is required to make the periodic payments as specified in the lease schedule for the vehicles leased. The respondent committed a default in making the payments. The petitioner issued a demand notice - 7 - HC-KAR NC: 2026:KHC:10938 CMP No. 751 of 2025 calling upon the respondents to make payments. Further, the petitioner invoked the arbitration clause by issuing the arbitration notice dated 15.11.2025. I have perused the arbitration clause incorporated in the Operating lease agreements which reads as follows: 20.09: Governing Law and Jurisdiction: If any dispute or difference arises between the Parties in connection with or out of this Agreement, the Parties shall attempt, for a period of seven (7) days from the receipt of a notice from the other Party of the existence of a dispute, to settle such dispute by mutual discussions between the Parties. If the issue/dispute cannot be settled by mutual discussions within the seven (7) day period provided above, then such dispute shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as may be amended, or its re-enactment, by a sole arbitrator, appointed by the Lessor. The seat and venue of arbitration shall be at Bangalore and the arbitration proceedings shall be conducted in English language. The award passed by the arbitrator shall be final and - 8 - HC-KAR NC: 2026:KHC:10938 CMP No. 751 of 2025 binding on the Parties. The costs of such arbitration shall be borne by the losing party or otherwise as determined in the arbitration award. This Agreement and any action related thereto shall be governed and interpreted by laws of India and shall be subject to the jurisdiction of the courts at Bangalore. 12. From the perusal of the aforementioned arbitration clause, it is evident that, in the event of any dispute arising out of the Agreements, the same shall be referred to the Arbitration. Admittedly, there is an arbitration clause and the dispute arose between the parties to the petition which is arbitral in nature and the petitioner has invoked the arbitration clause by issuing an arbitration notice dated 15.11.2025. However, the respondent did not concur in appointing the arbitrator. 13. For the foregoing discussion, the petitioner has made out a ground to refer the dispute to the Arbitrator. Accordingly, I answer the point in the ‘affirmative’. - 9 - HC-KAR NC: 2026:KHC:10938 CMP No. 751 of 2025 14. In the result, the following: ORDER i. The Civil miscellaneous petition is allowed. ii. Sri. Vishwanath V. Angadi, learned District Judge (retired) is nominated as an arbitrator to resolve the dispute between the petitioner and respondents as per the provisions of the Arbitration and Conciliation Act and the Rules. iii. All contentions of the parties are kept open. iv. The Registry is directed to communicate this order to the learned arbitrator and the director of the Arbitration and Conciliation Centre, Bengaluru. v. The Registry is directed to return the original/certified copy of the documents produced by the - 10 - HC-KAR NC: 2026:KHC:10938 CMP No. 751 of 2025 petitioner after retaining the photocopy of the same. vi. Pending IA(s), if any, disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS (Online) CT:KHV