- 1 - HC-KAR NC: 2026:KHC:34325 CMP No. 768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 768 OF 2025 BETWEEN: M/S GBL GARDEN PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REGISTERED OFFICE AT, NO.688. 2ND SECTOR, HSR LAYOUT, BANGALORE-560102 REPRESENTED BY - MR RISHI VASUDEV. …PETITIONER (BY SRI.RAHUL SHETTY., ADVOCATE FOR SRI. PURUSHOTHAMAN K N., ADVOCATE) AND: M/S HIYA ENTERPRISES 170, SACHIWALAYA VIHAR, KALYANPURA, SANGANER, JAIPUR - 302020 REPRESENTED BY - Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34325 CMP No. 768 of 2025 MR. UMANG SWAMI ALSO, AT - OFFICE AT 121, SWAMI SADAN, SHIV MARG, ASHIND NAGAR, SANGANER, JAIPUR - 302029. …RESPONDENT (BY SMT. SUMAN K S., ADVOCATE FOR SRI. UMESHA R., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATION FOR RESOLVING THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT THAT HAVE ARISEN IN TERMS OF THE PARAGRAPH NO.8 OF THE MEMORANDUM OF UNDERSTANDING EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT DATED 30.11.2023 PLACED AT ANNEXURE - B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:34325 CMP No. 768 of 2025 ORAL ORDER The petitioner relying upon the agreement for arbitration, which is part of the Memorandum of Understanding dated 30.11.2023, has issued a notice dated 17.10.2025 suggesting the name of a retired District Judge as the sole arbitrator. The respondent has not responded to this notice but has filed a Statement of Objections contesting the petitioner's nomination, nominating another retired District Judge as the sole arbitrator. This Court must opine that the only dispute, apart from the dispute over the petitioner's actionable claim against the respondent, is who must enter reference of the dispute. If the petitioner and the respondent cannot agree upon who could enter reference of the dispute, this Court must exercise its jurisdiction. Hence, the following - 4 - HC-KAR NC: 2026:KHC:34325 CMP No. 768 of 2025 ORDER [a] The petition is allowed. Sri Sudhakar Pandith, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner 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. [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 Sri Sudhakar Pandith, ‘Sripadham’, 1034/4, 9th B Main Road, 8th Cross, Judicial Layout, Yelahanka, GKVK Post, Bengaluru-560 065 [E-mail: - 5 - HC-KAR NC: 2026:KHC:34325 CMP No. 768 of 2025 sudhakar1034@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 03.09.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE NV