- 1 - HC-KAR NC: 2026:KHC:28720 CMP No. 148 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 148 OF 2026 BETWEEN: SRI VENKATARAYAPPA M S/O MUNIVENKATAPPA, AGED ABOUT 81 YEARS, RESIDING AT NO. 290, MUSTUR ROAD, BEHIND PATHI HOSPITAL, PRASHANTH NAGARA, 4TH WARD, CHIKKABALLAPURA TOWN - 562101, PARTNER OF SRI MANJUNATHA GRANITES. …PETITIONER (BY SRI. RAJESH M., ADVOCATE FOR SRI. SAGAR B B.,ADVOCATE) AND: 1. M/S SRI MANJUNATHA GRANITES (R) A PARTNERSHIP FIRM, HAVING ITS OFFICE AT, MARANAYAKANAHALLI, MEENUKUNTE GRAM PANCHAYAT CHIKKAJALA POST, BENGALURU- 562157 (REP. BY ITS PARTNERS). Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28720 CMP No. 148 of 2026 2. SMT. CHAITRA Y. J. PARTNER, SRI MANJUNATHA GRANITES, AGED ABOUT 45 YEARS, MARANAYAKANAHALLI, MEENUKUNTE GRAMA PANCHAYATH, CHIKAJALA POST, BENGALURU - 562157. 3. SRI JAYARAMU PARTNER, SRI MANJUNATHA GRANITES, AGED ABOUT 55 YEARS, MARANAYAKANAHALLI, MEENUKUNTE GRAMA PANCHAYATH, CHIKAJALA POST, BENGALURU - 562157. …RESPONDENTS THIS CMP IS FILED U/S. 11(6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO ISSUE DIRECTION APPOINTING AN INDEPENDENT AND IMPARTIAL SOLE ARBITRATOR UNDER SEC.11(6) R/W SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, IN CLAUSE 10 OF THE AGREEMENT DATED 22.04.2023 VIDE ANNEXURE -C TO ADJUDICATE THE DISPUTES ARISING BETWEEN THE PETITIONER AND THE RESPONDENTS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:28720 CMP No. 148 of 2026 ORAL ORDER The petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1996 [for short, ‘the Act’] for appointment of a sole arbitrator relying upon an agreement for arbitration which reads as under: “10. DISPUTE SETTLEMENT MECHANISM: 10.1 All the disputes raising under this Agreement shall be resolved by mutual negotiations by the Parties. All unresolved disputes shall be referred to the sole Arbitrator appointed with the consent of both the parties. The provisions of Arbitration and Conciliation Act is applicable for such proceedings. 10.2 That the parties have agreed adhoc Arbitration and shall not refer to Institutional arbitration centre or any other centre for conduct of the Arbitration cases. 10.3 That the parties shall appoint an independent and neutral arbitrator of high repute to adjudicate the dispute if any in respect of this Agreement.” - 4 - HC-KAR NC: 2026:KHC:28720 CMP No. 148 of 2026 The petitioner has issued Notice dated 29.01.2026 [Annexure-D] raising a claim but without nominating who its nominee arbitrator would be. Sri Rajesh M., the learned counsel for the petitioner, is heard. This Court must record that the consistent view is that for a notice under Section 21 of the Act, the party who causes the notice must invite the consent of the others by mentioning his/her/its nominee arbitrator. The petition is therefore disposed of with liberty to the petitioner to issue such notice as would constitute a notice under Section 21 of the Act and file another petition if there is cause. Sd/- (B M SHYAM PRASAD) JUDGE SA Ct:sr