- 1 - HC-KAR NC: 2026:KHC:29259 CMP No. 385 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 385 OF 2024 BETWEEN: M/S ROYALOAK INFRASTRUCTURE LLP, HAVING ITS REGISTERED OFFICE AT NO. 5, 4TH FLOOR, RAJ SQUARE, VIJAYA BANK COLONY, BANASWADI OUTER RING BANGALORE-560043 REPRESENTED BY ITS AUTHORIZED SIGNATORY. MR S MATHAN …PETITIONER (BY SRI. R.K. NAGESH., ADVOCATE FOR SRI. BHARADWAJ K R., ADVOCATE) AND: VALUE B INFRAA AND VALUE B FABTECH PVT LTD., HAVING ITS REGISTERED OFFICE AT NO. 306/A, 5TH MAIN, 4TH PHASE PEENYA INDUSTRIAL AREA, BANGALORE-560058 REPRESENTED BY ITS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29259 CMP No. 385 of 2024 MANAGING DIRECTOR. …RESPONDENT (VIDE ORDER DATED 04.06.2026 SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PARTIES HERETO AS PER THE TERMS OF CONSTRUCTION CONTRACT/AGREEMENT DATED 18.01.2020. 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 has engaged the services of the respondent for putting up a pre-engineered building. The petitioner has issued the respondent with the entrustment of the work. The petitioner relies upon Annexure-A and the terms upon which the respondent had to execute the entrusted work, and the Clause 7 of this document stipulates that every dispute unless amicably settled must be resolved by arbitration - 3 - HC-KAR NC: 2026:KHC:29259 CMP No. 385 of 2024 comprising of three arbitrators with the petitioner and the respondent nominating the respective arbitrators and with these two arbitrators appointing the third arbitrator. The petitioner’s case is that the respondent has abandoned the work compelling the petitioner to engage the services of another contractor for completion of the work. The petitioner has asserted only an actionable claim against the respondent. Sri Bharadwaj K.R., the learned counsel for the petitioners, relying upon these circumstances and the Notice dated 28.04.2023 caused on behalf of the petitioner, submits that the petitioner has called upon the respondent to concur on the appointment of a retired District Judge as a sole arbitrator, but the respondent has refused to even receive such notice. The respondent is served with the notice of the petition through paper publication after notices through the regular course are returned unserved. In the circumstances, this Court is persuaded to opine that - 4 - HC-KAR NC: 2026:KHC:29259 CMP No. 385 of 2024 there is an arbitral dispute and an agreement for arbitration and that such arbitration must be by a sole arbitrator. Hence, the following: ORDER [a] The petition is allowed. [b] The Hon’ble Mr. Justice H.G.Ramesh, a former Judge of this Court, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent 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 The - 5 - HC-KAR NC: 2026:KHC:29259 CMP No. 385 of 2024 Hon’ble Mr. Justice H.G.Ramesh, a former Judge of this Court, Address: No. No.342A, 10th Main, Sector 7, HSR Layout, Bengaluru-560 102 [e-mail: hgramesh.hc@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. [d] 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, Arbitration Centre, Bengaluru on 20.07.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 4 Sl No.: 1