- 1 - HC-KAR CNR: KAHC010782342025 NC: 2026:KHC:46227 CMP No. 699 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 699 OF 2025 BETWEEN: M/S FUTURE MINDS HAVING ITS REGISTERED OFFICE AT BOATMAN 1102, SJR WATER MARK APARTMENT, SHUBH ENCLAVE, HARLUR 1ST MAIN ROAD, AMBALIPURA KASAVANAHALLI, BENGALURU URBAN KARNATAKA - 560102 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. AMIT KAPOOR …PETITIONER (BY SRI. ANISH P BHOJANI., ADVOCATE) AND: 1. M/S JAIHIND TUBES PRIVATE LIMITED 133(1)A, JAIHIND TUBES PRIVATE LIMITED, NH-66, ASPEEN SOUTH GATE, HEJAMADY, UDUPI, KARNATAKA – 574103 2. MR. MAHENDRA KUMAR JAIN DIRECTOR, M/S JAIHIND TUBES PRIVATE LIMITED, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010782342025 NC: 2026:KHC:46227 CMP No. 699 of 2025 133(1)A, JAIHIND TUBES PRIVATE LIMITED, NH-66, ASPEEN SOUTH GATE, HEJAMADY UDUPI, KARNATAKA – 574103 3. MR. DIVYAKUMAR JAIN DIRECTOR, M/S JAIHIND TUBES PRIVATE LIMITED, 133(1)A, JAIHIND TUBES PRIVATE LIMITED, NH-66, ASPEEN SOUTH GATE, HEJAMADY, UDUPI, KARNATAKA – 574103 4. MR RAHUL JAIN DIRECTOR, M/S JAIHIND TUBES PRIVATE LIMITED, 133(1)A, JAIHIND TUBES PRIVATE LIMITED, NH-66, ASPEEN SOUTH GATE, HEJAMADY UDUPI, KARNATAKA - 574103 …RESPONDENTS (BY SRI. VARUN S., ADVOCATE FOR R1 – R4) THIS CMP IS FILED U/S. 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO APPOINT AND CONFIRM MR. MITHUN GERAHALLI, ADVOCATE, AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES ARISING BETWEEN THE RESPONDENTS UNDER CLAUSE 15 OF THE MOU DATED: 01.01.2025 (AS PER ANNEXURE – D) THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010782342025 NC: 2026:KHC:46227 CMP No. 699 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner relies upon the Memorandum of Understanding dated 01.01.2025 which has the agreement for arbitration for the appointment of a sole arbitrator, and the petitioner has filed this petition after causing the Legal Notice dated 23.09.2025 inviting the respondents’ concurrence for the appointment of its nominee. It is not in dispute that the first respondent has caused a reply on 17.10.2025 denying liability but asserting that its nominee must be appointed as a sole arbitrator. The question for consideration is whether this Court must appoint a sole arbitrator choosing between the two nominees while examining whether the arbitration must be just between the petitioner and the first respondent or between the petitioner and all the respondents. - 4 - HC-KAR CNR: KAHC010782342025 NC: 2026:KHC:46227 CMP No. 699 of 2025 Mr. Varun S., the learned counsel for the respondents, submits that the Memorandum of Understanding is between the petitioner and the first respondent alone and therefore, any arbitration must be between these parties. However, Mr. Anish P. Bhojani, the learned counsel for the petitioner, submits that the first respondent is an incorporated entity which is represented by its Directors [the second to fourth respondents]. This undisputed fact persuades this Court to opine that there must be an arbitration for resolution of dispute amongst not just the petitioner and the first respondent but even the other respondents and that a third arbitrator must be appointed. In the light of the afore, the following. order ORDER [A] The petition is allowed, and Smt. Rahat Afshan H N, a retired Senior Civil Judge, is appointed as - 5 - HC-KAR CNR: KAHC010782342025 NC: 2026:KHC:46227 CMP No. 699 of 2025 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 the 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 Conciliation Centre [Domestic and International], Bengaluru and Smt. Rahat Afshan H N, a retired Senior Civil Judge, Address: No. B- 106, Vaishnavi Oasis, Near Tippu Circle, J. P. Nagar 9th Phase, Bengaluru-560 108 [e-mail ID: - 6 - HC-KAR CNR: KAHC010782342025 NC: 2026:KHC:46227 CMP No. 699 of 2025 rahat.afshan@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 counsel for the petitioner that the addresses of the parties as mentioned in the cause title are also the current addresses 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 05.10.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE RB