- 1 - HC-KAR NC: 2026:KHC:30359 CMP No. 422 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 422 OF 2025 BETWEEN: M/S SKYLIT ENGINEERS AND INFRASTRUCTURE (P) LTD (FORMERLY M/S SKYTECH ENGINEERS AND BUILDERS PVT. LTD.,) HAVING ITS OFFICE AT NO.23, HIG G-3, KHB COLONY, HOOTAGALLI, (OPP ROTARY SCHOOL), MYSURU 570 018 R/BY ITS MANAGING DIRECTOR. …PETITIONER (BY SRI. HALLUR SHIVAYOGI, ADVOCATE) AND: MYSORE RURAL KARNATAKA STATE ROAD TRANSPORT CORPORATION EMPLOYEES HOUSING CO OPERATIVE SOCIETY LTD, MYSORE AT NO. 95 K T STREET MANDI MOHALLA, MYSURU - 570 021 REP. BY IT S PRESIDENT Y.E. MANJUNATH. …RESPONDENT Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30359 CMP No. 422 of 2025 (BY SRI.TARUN TARANATH POOJARY, ADVOCATE FOR C/R) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT SOLE ARBITRATOR IN TERMS OF SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT OF 1996 TO ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PARTIES AS PER CLAUSE 16 OF MOU DATED 29.07.2010 MARKED AS ANNEXURES - B. 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 petitioner and the respondent are parties to the Memorandum of Understanding dated 29.07.2010 which incorporates an agreement to resolve all disputes by arbitration. There are exchange of legal notices between the petitioner and the respondent on completion and certain actionable claims against each other. After this exchange of legal notices, the petitioner has filed a petition with this Court in CMP No.17/2025 which stands disposed of - 3 - HC-KAR NC: 2026:KHC:30359 CMP No. 422 of 2025 by this Court on 10.06.2025 opining that the Notice relied upon by the petitioner does not meet the requirements of Section 21 of the Arbitration and Conciliation Act, 1996. After this Court's order, the petitioner has caused Notice dated 21.06.2025 calling for the respondent's concurrence on its nomination of the sole Arbitrator. The respondent has replied vide Reply dated 12.07.2025 relying upon a Communication addressed by its President to deny the claims asserted by the petitioner. This Court, on perusal of the records, is persuaded to opine that there is an arbitrable dispute between the petitioner and the respondent, and given the circumstances, a former Judge of this Court must be appointed as a sole Arbitrator. Hence, the following: ORDER [A] The petition is allowed, and Hon'ble Sri. Justice B A Patil, a former Judge of - 4 - HC-KAR NC: 2026:KHC:30359 CMP No. 422 of 2025 this Court, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceedings 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. [B] The Registry is directed to communicate this order [by e-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Hon'ble Sri. Justice B A Patil, a former Judge of this Court, Address: House no.1327, 4th Cross, 5th main road, 5th block, HMTHBCS Layout, Nagasandra post, - 5 - HC-KAR NC: 2026:KHC:30359 CMP No. 422 of 2025 Bengaluru-560073 [e-mail id: bapatil@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. [C] The submissions of the learned counsels that the addresses of the parties as mentioned in the cause title are also the current address of the parties is taken on record, and the parties are directed to appear before the Director, the Arbitration and Conciliation Centre [Domestic and International], Bengaluru, on 27.07.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE AN/-