- 1 - HC-KAR NC: 2026:KHC:27553 CMP No. 91 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 91 OF 2026 BETWEEN: 1. MRS B BAKIYALAKSHMI AGED ABOUT 72 YEARS OLD, W/O LATE RTV BALAKRISHNAN, R/O NO. 6, 5TH CROSS, LAKSHMI ROAD, SHANTINAGAR, BENGALURU - 560 027, REPRESENTED BY GPA HOLDER MR. BALAMURUGAN, AGED ABOUT 52 YEARS OLD, S/O LATE RTV BALAKRISHNAN, R/O NO. 6, 5TH CROSS, LAKSHMI ROAD, SHANTINAGAR BENGALURU 560 027. 2. MR. B. SARAVANAN, AGED ABOUT 50 YEARS OLD, S/O LATE RTV BALAKRISHNAN, R/O AUSTIN, TEXAS, USA. REPRESENTED BY GPA HOLDER MR. BALAMURUGAN, AGED ABOUT 52 YEARS OLD, S/O LATE RTV BALAKRISHNAN, R/O NO. 6, 5TH CROSS, LAKSHMI ROAD, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27553 CMP No. 91 of 2026 SHANTINAGAR, BENGALURU 560 027. 3. MR. BALAMURUGAN, AGED ABOUT 52 YEARS OLD, S/O LATE RTV BALAKRISHNAN, R/O NO. 6, 5TH CROSS, LAKSHMI ROAD, SHANTINAGAR, BENGALURU 560027 AND ALSO AT SKYLINE ETERNITY APARTMENT, FLAT NO.202, 2ND FLOOR, NO. 4, ANDREE ROAD, SHANTHINAGAR, BANGALORE-560 027. …PETITIONERS (BY SRI. SIDDARTH SRIKANTH., ADVOCATE FOR SRI. NAGESH MORO., ADVOCATE) AND: 1. V AND RO HOSPITALITY PRIVATE LIMITED. A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, MUNICIPAL NO. 2211, HAL 3RD STAGE, BANGALORE-560 008. 2. SAFDHAR MOHAMMED ADOOR, AGED 42 YEARS SON OF ADOOR, DIRECTOR M/S. V AND RO HOSPITALITY PRIVATE LIMITED. A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT - 3 - HC-KAR NC: 2026:KHC:27553 CMP No. 91 of 2026 3RD FLOOR, MUNICIPAL NO. 2211, HAL 3RD STAGE, BANGALORE-560 008. 3. DAWN THOMAS PIOUS, AGED 38 YEARS SON OF PIOUS, DIRECTOR M/S. V AND RO HOSPITALITY PRIVATE LIMITED. A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, MUNICIPAL NO. 2211, HAL 3RD STAGE, BANGALORE-560 008. 4. SHARATH DESMOND RICE, DIRECTOR AGED 40 YEARS SON OF DESMOND RICE, M/S. V AND RO HOSPITALITY PRIVATE LIMITED. A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, MUNICIPAL NO. 2211, HAL 3RD STAGE, BANGALORE-560 008 5. M/S. WHITE BARCODE HOSPITALITY PVT. LTD, HAVING ITS REGD. OFFICE AT NO. 2211, 3RD FLOOR, HAL 3RD STAGE, INDIRANAGAR, BENGALURU - 560 008 REPRESENTED BY ITS DIRECTOR. 6. R. RANJITHAM, AGED ABOUT 76 YEARS, WIFE OF LATE R.T.V RAMANANTHAN, PRESENTLY RESIDING AT NO.90, 17TH HB MAIN, 5TH BLOCK - 4 - HC-KAR NC: 2026:KHC:27553 CMP No. 91 of 2026 KHB COLONY, KORAMANGALA, BANGALORE-560 095. 7. R. VENKATESWARAN, AGED ABOUT 62 YEARS, SON OF LATE R.T.V RAMANANTHAN, PRESENTLY RESIDING AT NO.90, 17TH HB MAIN, 5TH BLOCK, KHB COLONY, KORAMANGALA, BANGALORE-560 095. 8. S. THULASI NIRMALA, AGED ABOUT 55 YEARS, WIFE OF LATE R. VISWESWARAN, PRESENTLY RESIDING AT NO.90, 17TH HB MAIN, 5TH BLOCK, KHB COLONY, KORAMANGALA, BANGALORE-560095. …RESPONDENTS (BY MS. HITHAISHI MURTHY., ADVOCATE FOR R1 TO R5; MS. YUKTHA ANIL., ADVOCATE FOR6 TO R8) THIS CMP IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT AN ARBITRATOR AND REFER THE DISPUTE RAISED BY THE PETITIONERS FOR ADJUDICATION BY THE ARBITRATOR NOMINATED BY THIS HONBLE COURT AS PER ARBITRATION CLAUSE 6.6 IN ACCORDANCE WITH THE PROVISIONS OF THE LEASE DEED DATED 01.02.2019 AS PER ANNEXURE A HERETO. - 5 - HC-KAR NC: 2026:KHC:27553 CMP No. 91 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners and the sixth to eighth respondents are the landowners who have inducted the first to fifth respondents as tenants in the subject property, and admittedly, the dispute between these sets of parties is over the allegations of default in paying the agreed rent and the liability to vacate and pay damages. The petitioners have caused notice dated 31.12.2021 making a claim and nominating a sole arbitrator. Ms. Yuktha Anil, the learned counsel for the sixth to eighth respondents, submits that this Court must consider that there are disputes between the petitioners and her clients and though the - 6 - HC-KAR NC: 2026:KHC:27553 CMP No. 91 of 2026 respondents are willing for arbitration to resolve the dispute with the other respondents, the consent in this regard cannot prejudice the respondents in the pending inter se litigation amongst the petitioners and her clients. The learned counsel invites this Court's attention to the Notice dated 31.12.2025 issued on behalf of the petitioners as well as the afore respondents and submits that these respondents would like to contest the authority to cause a common legal notice. Sri Nagesh Moro, the learned counsel for the petitioner, and Ms. Hithaishi Murthy, the learned counsel for the first to fifth respondents, are heard. This Court is persuaded to opine that there is an agreement for resolution of dispute by arbitration and that there is an arbitrable dispute and therefore a former judge of this Court must be appointed as the sole arbitrator leaving open all defenses to be - 7 - HC-KAR NC: 2026:KHC:27553 CMP No. 91 of 2026 considered in the arbitral proceedings. Hence the following ORDER [a] The petition is allowed. [b] Smt. Justice M.G.Uma, a former Judge of this Court, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioners and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. All questions are left open for due consideration. [c] The Registry is directed to communicate this order [by e-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to - 8 - HC-KAR NC: 2026:KHC:27553 CMP No. 91 of 2026 Smt. Justice M.G. Uma, Address: No.4143, 14th Floor, Tower-4, Prestige Misty Waters, Kempapura Main Road, Outer Ring Road, Hebbal, Bengaluru – 560 024 [e-mail id: uma.venkatesh13@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. Sd/- (B M SHYAM PRASAD) JUDGE NV