- 1 - HC-KAR NC: 2026:KHC:14780 CMP No. 723 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION No. 723 OF 2025 BETWEEN: MR. ANINDYA DUTTA SON OF SUSHIL KUMAR DUTTA AGED ABOUT 51 YEARS RESIDING AT PLOT No. 212 PHASE-I, PALM MEADOWS WHITEFIELD VILLAGE K.R. PURAM HOBLI BENGALURU - 560 066. ALSO AT: No. 3501, T6 L AND T CRESCENT BAY PAREL, MUMBAI- 400 012. …PETITIONER (BY SRI NEERAJ SASTRY, ADVOCATE) AND: 1. M/S FABDIZ PRIVATE LIMITED ALSO KNOWN AS FABDIZ INTERIOR AND CONSTRUCTION, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 2013 HAVING REGISTERED ADDRESS AT GROUND FLOOR No.25, 7TH MAIN, KRISHNAPPA GARDEN CHIKKABANASWADI M. S. NAGAR POST, CHIKKABANASWADI KARNATAKA, INDIA – 560 033. ALSO AT: No. 218, 9TH MAIN ROAD Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14780 CMP No. 723 of 2025 HRBR LAYOUT, 1ST BLOCK HRBR LAYOUT, KALYAN NAGAR BENGALURU - 560 043. 2. MRS. SHEEBU DAVID WIFE OF MR. ANINDYA DUTTA AGED ABOUT 50 YEARS RESIDING AT PLOT No. 212 PHASE-I, PALM MEADOWS WHITEFIELD VILLAGE K.R. PURAM HOBLI BENGALURU - 560 066. ALSO AT: No. 3501, T6, L AND T CRESCENT BAY PAREL, MUMBAI- 400 012. …RESPONDENTS (BY SMT. NIYATHI M, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO APPOINT MR. GAURAV RAMAKRISHNA, ADVOCATE OR ANY ADVOCATE AS SOLE ARBITRATOR AND REFER THE DISPUTES BETWEEN THE PARTIES TO ARBITRATION IN TERMS OF CLAUSE 21 OF THE CIVIL CONTRACT AGREEMENT DATED 05.10.2023 (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. This petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as `the Act’) seeking appointment of Arbitrator - 3 - HC-KAR NC: 2026:KHC:14780 CMP No. 723 of 2025 in terms of clause 21 of the Agreement dated 05.10.2023 (Annexure – A). 2. Petition is opposed by Smt. Niyathi M., learned counsel appearing for the respondents stating that there is no address of the respondents in the agreement at Annexure – A and accordingly sought for dismissal of the petition. 3. In the light of the submission made by the learned counsel appearing for the respondents, it is not in dispute that respondents herein are not parties to the agreement dated 05.10.2023 (Annexure – A). It is also to be noted that, in the agreement, the details of the parties reads as under: “M/s. FABDIZ, Interior and Construction, OAB : AAHF19133P Having its registered the office : Bangalore Represented by its Authorised Signatory : Mr. Hemanth, 4. Since in the agreement, the respondents have not identity through their address, I am of the view that, - 4 - HC-KAR NC: 2026:KHC:14780 CMP No. 723 of 2025 no interference is called for. Accordingly, the Civil Miscellaneous Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE LRS List No.: 1 Sl No.: 41