- 1 - HC-KAR CNR: KAHC010522722025 NC: 2026:KHC:49249 CMP No. 448 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 448 OF 2025 BETWEEN: SMT. NARAYANAMMA SINCE DEAD REP. BY HER LEGAL REPRESENTATIVES PETITIONER NOS. 1 TO 5 1. SRI RAGHAVESHA J S/O LATE. JAYARAMAIAH AGED ABOUT 65 YEARS SRI ASHOK SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES PETITIONER NOS. 2 TO 5 2. SRI.A.ABHISHEK S/O LATE.ASHOK.J AGED ABOUT 30 YEARS. 3. SRI.MAYUR.A S/O LATE. ASHOK J AGED ABOUT 25 YEARS. 4. SRI.JAYANTH.A S/O LATE.ASHOK.J AGED ABOUT 20 YEARS 5. SMT. VEENA.G W/O LATE. ASHOK.J AGED ABOUT 39 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010522722025 NC: 2026:KHC:49249 CMP No. 448 of 2025 ALL ARE RESIDING AT NO. 165 DODDAJALA, NH.7, YELAHANKA TALUK BENGALURU URBAN DISTRICT-562157. …PETITIONERS (BY SRI. S VENUGOPALA., ADVOCATE) AND: 1. GTL INFRASTRUCTURE LIMITED HEAD OFFICE AT NO.412 JANMABHOOMI CHAMBERS, 29 WALCHAND HIRACHAND MARG. BALLARD ESTATE, MUMBAI 400001 MAHARASHTRA, INDIA REP. BY MR.VINOD B AGARWALA CHAIRMAN. 2. GTL INFRASTRUCTURE LIMITED REGISTERED OFFICE ”GLOBAL VISION”, 3RD FLOOR ELECTRONIC SADAN-II, MIDC TTC INDUSTRIAL AREA, MAHAPE NAVI MUMBAI-400710, MAHARASHTRA, INDIA REP. BY ITS MANAGING DIRECTOR/MANAGER. 3. GTL INFRASTRUCTURE LIMITED BRANCH OFFICE AT NO.3, 3RD CANNAUGHT ROAD QUEEN'S ROAD, TASKER TOWN BENGALURU-560 0052. MANAGING DIRECTOR/MANAGER. …RESPONDENTS (BY SRI.HARISH N R., ADVOCATE FOR R3: R1 AND R2 ARE SERVED) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR IN TERMS OF CLAUSE 7 OF THE LEASE AGREEMENT DATED 08.12.2008 VIDE ANNEXURE-A TO RESOLVE THE DISPUTE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS AND ETC. - 3 - HC-KAR CNR: KAHC010522722025 NC: 2026:KHC:49249 CMP No. 448 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), seeking appointment of a Sole Arbitrator for adjudication of the disputes that have arisen between the petitioner and the respondent under the Lease Agreement dated 08.12.2008, particularly in terms of Clause-7 thereof, produced at Annexure-A. 2. The petitioners are the absolute owners of the property described in the schedule to the petition. The respondent is a company and has taken the schedule property of the petitioner on lease vide Lease Agreement dated 08.12.2008 for a period of 15 years, which came to an end on 30.11.2023. On completion of the lease period on 30.11.2023, the lease has not been renewed or extended. Though the petitioner issued a legal notice and the respondents have sought time to comply as aforesaid, - 4 - HC-KAR CNR: KAHC010522722025 NC: 2026:KHC:49249 CMP No. 448 of 2025 the respondents have not come forward to settle the issue, and have neither paid the rent nor vacated the scheduled premises. Therefore, the petitioner is before this Court. 3. The Lease Agreement contains an arbitration clause, namely, Clause-7, which reads as under: “7. Arbitration: In the event of any dispute or difference arising from performance of this Agreement, the same shall, unless settled by mutual discussions, be referred to the Sole Arbitration of a person to be appointed by both the Parties. Such Arbitration shall be conducted in English in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as in force and as amended from time to time. The decision of the arbitrator shall be final and binding upon the parties. The Sold Arbitrator shall pass his award within 90 days from the date of his entering reference or within such other extended time as the parties may mutually agree upon. The venue of the Arbitration proceeding shall be Bangalore.” 4. Since disputes arose between the parties and there is a mechanism for redressal of such disputes by way of - 5 - HC-KAR CNR: KAHC010522722025 NC: 2026:KHC:49249 CMP No. 448 of 2025 arbitration, the petitioner issued a notice dated 03.06.2025, vide Annexure-F, to the respondent in terms of Section 21 of the Act, invoking the arbitration clause. The said notice has been duly served on the respondent. 5. Learned counsel for the respondent submits that he has no objection to appoint Sole Arbitrator. 6. In view of the above, and having regard to the existence of the arbitration clause contained in the Lease Agreement, this Court is of the opinion that a Sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Sri G.Nanjundaiah, Retired District Judge, is appointed as the Sole Arbitrator in the present case to arbitrate the disputes between the parties at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, - 6 - HC-KAR CNR: KAHC010522722025 NC: 2026:KHC:49249 CMP No. 448 of 2025 as per the Rules governing the said Arbitration Centre. c) All the claims and contentions of the parties are kept open. d) Registry is directed to communicate this order via E-mail to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, and also to the learned Sole Arbitrator. e) Registry is directed to return all the original documents produced by any of the parties after obtaining Photostat copies of the same. f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 01.10.2026 at 11:30 a.m. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 18