- 1 - HC-KAR CNR: KAHC010088862026 NC: 2026:KHC:50780 CMP No. 63 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 63 OF 2026 BETWEEN: SRI SRINIVAS N S/O NARAYANASWAMY AGED ABOUT 53 YEARS R AT NO.83/B, MUNESHWARANAGAR MALATHAHALLI, BENGALURU-560056 …PETITIONER (BY SRI. NAGARAJ K G., ADVOCATE) AND: 1. M/S CMM HINDUSTAN GOLD PVT LTD HAVING ITS OFFICE AT NO.24 3RD FLOOR, R K TEMINUS BELLARY MAIN ROAD BENGALURU-560032 REP BY ITS MD SRI MOHAMUD SABI. 2. MR. MOHAMMUD SABI MANAGING DIRECTOR OF M/S CMM HINDUSTAN GOLD PVT. LTD., OFFICE AT NO.24, 3RD FLOOR R K TEMINUS, BELLARY MAIN ROAD BENGALURU-560032. …RESPONDENTS (R1 AND R2 ARE SERVED AND UNREPRESENTED) Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010088862026 NC: 2026:KHC:50780 CMP No. 63 of 2026 THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO APPOINT A SOLE ARBITRATOR AS PER THE ARBITRATION CLAUSE 1.19 OF THE MEMORANDUM OF UNDERSTANDING DATED 21.11.2019 (AS PER ANNEXURE A) TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS AT THE COST OF THE RESPONDENTS AND ETC. 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(5) 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 respondents under the Memorandum of Understanding (for short ‘MOU’) dated 21.11.2019, particularly in terms of Clause 1.19 thereof, produced at Annexure-A. 2. Respondent No.2 is the Managing Director of respondent No.1, Company, registered under the Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010088862026 NC: 2026:KHC:50780 CMP No. 63 of 2026 Companies Act, running business of buying the gold from the customers and selling the same for prospective purchasers and also promoting the business under its trade name and trade mark by setting up chain or master franchises in all over the country. Accordingly, petitioner approached the respondent No.2 to set up one of such retail outlets in the city of Bangalore. They entered into Memorandum of Understanding dated 21.11.2019 (Annexure-A). As per the condition mentioned in the MOU, the respondents have not paid the profit to the petitioner. Hence, the dispute arose between the parties. 3. The Memorandum of Understanding contains an arbitration clause, namely, Clause 1.19, which reads as under: “1.19 DISPUTE RESOLUTION: In the event of any dispute, difference or questions arising out of or in respect of this Agreement or the commission of any breach of any terms thereof or in any manner whatsoever in connection with it or its existence, validity or termination shall be referred to the Arbitration Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010088862026 NC: 2026:KHC:50780 CMP No. 63 of 2026 of a Sole Arbitrator. The Arbitration shall be subjected to the Arbitration and Conciliation Act, 1996 as may be amended from time to time.” 4. Since disputes arose between the parties and there is a mechanism for redressal of such disputes by way of arbitration, the petitioner issued a notice dated 18.11.2025 vide Annexure-C, to the respondents in terms of Section 21 of the Act, invoking the arbitration clause. Despite service of the said notice, the respondents did not furnish any response. Hence, the petitioner has filed the present petition. 5. Notice issued by this Court has been duly served upon the respondents. Despite service of notice, none appears on behalf of the respondents. 6. In view of the above, and having regard to the existence of the arbitration clause contained in the MOU, this Court is of the opinion that a Sole Arbitrator is Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010088862026 NC: 2026:KHC:50780 CMP No. 63 of 2026 required to be appointed for adjudication of the disputes between the parties. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Mr.Ganesh.B, 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, 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. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010088862026 NC: 2026:KHC:50780 CMP No. 63 of 2026 f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 14.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 28 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA