- 1 - HC-KAR NC: 2026:KHC:30727 CMP No. 24 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 24 OF 2026 BETWEEN: SHIVA AND SHIVA ORTHOPAEDIC HOSPITAL PVT LTD., HAVING ITS REGISTERED OFFICE AT NO. 146, INFANTRY ROAD, BENGALURU 560 001, REPRESENTED BY ITS DIRECTOR MEENA S. PATIL W/O SHARAN SHIVARAJ PATIL, AGED ABOUT 59 YEARS …PETITIONER (BY MS. SIMRAN, ADVOCATE FOR SRI. BRIJESH PATIL., ADVOCATE) AND: 1. M/S NAGSON AND COMPANY A REGISTERED PARTNERSHIP FIRM, HAVING ITS ADDRESS AT MODERN BREAD, NARASIMHA LAYOUT, YESHWANTHPUR, BENGALURU - 560 022. ALSO AT NO. 42, 3RD CROSS, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30727 CMP No. 24 of 2026 INDUSTRIAL SUBURB, YESHWANTHPUR, BENGALURU - 560 022 REPRESENTED BY ITS PARTNERS 2. MR. K.N. SATISH, S/O LATE K.N. NAGARAJ, RESIDING AT NO. 593/3, 11TH MAIN ROAD, MALLESWARAM, BENGALURU - 560 003. 3. DR. K.N. SUDHA, D/O LATE K.N. NAGARAJ, RESIDING AT NO. 42, 3RD CROSS, INDUSTRIAL SUBURB, YESHWANTHPUR, BENGALURU 560 022 4. MS. K.N. RAJALAKSHMI, D/O LATE K.N. NAGARAJ, RESIDING AT NO. 42, 3RD CROSS, INDUSTRIAL SUBURB, YESHWANTHPUR, BENGALURU 560 022 5. MR. K.N. BALASUBRAMANYAM, S/O LATE K.N. NAGARAJ, RESIDING AT NO. 42, 3RD CROSS, INDUSTRIAL SUBURB, YESHWANTHPUR, BENGALURU 560 022 …RESPONDENTS (BY SRI. JAYANTH VENKATRAM, ADVOCATE FOR R2; SRI. SRIKAR KRISHNA, ADVOCATE FOR SRI. A. SAMPATH, ADVOCATE R3 TO R5; R1 SERVED ) - 3 - HC-KAR NC: 2026:KHC:30727 CMP No. 24 of 2026 THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(3A) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT SOLE ARBITRATOR TO DECIDE THE CLAIM AND ENTITLEMENT OF THE PETITIONER AND / OR THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT PURSUANT TO AND IN TERMS OF CLAUSE 23 OF THE LEASE DEED REGISTERED AS DOCUMENT NO. 548/2014-15 IN BOOK 1 DATED 05.05.2014 PRODUCED AS ANNEXURE C. 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 is in possession of a certain property as a tenant under the Lease Deed dated 05.05.2014. The Lease Deed incorporates an agreement for resolution of dispute by arbitration, and this agreement reads as under. - 4 - HC-KAR NC: 2026:KHC:30727 CMP No. 24 of 2026 "23.1 Except as otherwise specifically provided in this Lease Deed, the following provisions apply if any dispute or difference arises between the Parties arising out of or relating to the lease of the Demised Premises (the "Dispute"). A Dispute will be deemed to arise when one Party serves on the other Party a notice in writing stating the nature of the Dispute (the "Notice of Dispute"). The Parties hereto agree that they shall make all reasonable efforts to resolve between themselves, any Disputes through negotiations. 23.2 Any Disputes and differences whatsoever arising under this Lease Deed. including the enforcement of the rights, duties, powers and obligations conferred under this Lease Deed, which could not be settled by the Parties through negotiations, shall be finally settled by arbitration by a sole arbitrator to be appointed by the Parties on mutual consent in accordance with the Arbitration and Conciliation Act, 1996." The petitioner asserts its right for renewal of the lease beyond the original period. The respondents [the landlords] have not acceded, and hence, there is - 5 - HC-KAR NC: 2026:KHC:30727 CMP No. 24 of 2026 a dispute. Ms. Simran, the learned counsel for the petitioner, asserts that there is a pending dispute inter se the respondents with claims for partition. Mr. Srikar Krishna B. R, the learned counsel for the third to fifth respondents, submits that pendency of the suit would be a condition against constitution of an Arbitral Tribunal. However, on behalf of the second respondent [one of the landlords], Mr. Jayanth Venkatram, the learned counsel for this respondent, submits that any Former Judge of this Court could be appointed as the sole arbitrator to decide on the dispute raised by the petitioner as against all the respondents leaving open all questions to be decided in such proceedings. This Court is of the view that the existence of an arbitral dispute is not in contest and that the pendency of the suit for partition cannot be a condition against the constitution of an Arbitral Tribunal as all aspects will - 6 - HC-KAR NC: 2026:KHC:30727 CMP No. 24 of 2026 have to be considered in such arbitral proceedings. Hence, the following: ORDER [A] The petition is allowed, and Sri. Justice Sreenivas Harish Kumar, a Former Judge, High Court of Karnataka, is appointed as the sole arbitrator to enter reference of the dispute between the petitioner and respondents and conduct the proceeding at the Arbitration and Conciliation Centre [Domestic and International], Bengaluru according to he Rules governing the Arbitration and Conciliation Centre [Domestic and International], Bengaluru. [B] The Registry is directed to communicate this order [through E- mail] to the Arbitration and - 7 - HC-KAR NC: 2026:KHC:30727 CMP No. 24 of 2026 Conciliation Centre [Domestic and International], Bengaluru and Sri. Justice Sreenivas Harish Kumar, a Former Judge, High Court of Karnataka, Address: No.1878, 'Brindavana', Swamy Vivekananda Road, 7th Block, Further extension, Sir. M. V. Nagar Layout, Bengaluru - 560 091 [E-mail ID: ullods98@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 - 8 - HC-KAR NC: 2026:KHC:30727 CMP No. 24 of 2026 the Director, the Arbitration and Conciliation Centre [Domestic and International], Bengaluru, on 03.08.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE RB