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2026 DAILYLAW 41201 (KAR)

M/S SPORTZ VILLAGE FOUNDATION v. LITTLE KRISHNA ACADEMY OF SPORTS AND EDUCATION TRUST

CMP/44/2026 · 2026-09-17

H T Narendra Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010058602026 NC: 2026:KHC:50788 CMP No. 44 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. 44 OF 2026 BETWEEN: M/S SPORTZ VILLAGE FOUNDATION 1ST FLOOR, NO 147/L, 10TH CROSS 12TH MAIN, 3RD BLOCK KORAMANGALA, BENGALURU KARNATAKA - 560 034 REP. BY ITS BUSINESS FINANCE MANAGER MR. SRIKANTH H R. ALSO AT SITE NO.26 HD 034 WEWORK PRESTIGE CUBE LASKAR, HOSUR ROAD ADUGODI, KORAMANGALA BENGALURU 560030 KARNATAKA …PETITIONER (BY SRI. SHRIVATHSA K.R., ADVOCATE FOR SRI. PRASHANTH B.K., ADVOCATE) AND: LITTLE KRISHNA ACADEMY OF SPORTS AND EDUCATION TRUST RUNNING SCHOOL NAMED LITTLE KRISHNA MONTESSORI SCHOOL BEHIND KVB BANK, VIP NAGAR KRISHNAGIRI MAIN ROAD, BARGUR KRISHNAGIRI DISTRICT, TAMIL NADU - 635104. REP. BY ITS AUTHORIZED SIGNATORY …RESPONDENT ( SERVED AND UNREPRESENTED) Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010058602026 NC: 2026:KHC:50788 CMP No. 44 of 2026 THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO CONSTITUTE ARBITRAL TRIBUNAL BY APPOINTING SUITABLE PERSON AS THE SOLE ARBITRATOR FOR THE RESOLUTION OF THE DIFFERENCES, CLAIMS THAT HAVE ARISEN BETWEEN THE PARTIES IN CONNECTION WITH THE CLAUSE 9 OF THE AGREEMENT DATED 09.05.2024M WHICH IS PRODUCED AS ANNEXURE-A. 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 respondent under the Agreement dated 09.05.2024, particularly in terms of Clause 9, thereof, produced at Annexure-A. 2. Petitioner is a company registered under the Companies Act and it one the India’s leading integrated School sports/physical Education Company managing the school sports and physical education services for the past Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010058602026 NC: 2026:KHC:50788 CMP No. 44 of 2026 several years. It is an organization setup with the objective to organize, conduct and provide sports training and coaching activities with the aim of promotion of sports, games and physical activities. Respondent is an Educational Trust running Montessori School. Petitioner and respondent had entered into an Agreement 09.05.2024 (Annexure-A). In terms of the said Agreement, the respondent-Institution availed the services of the petitioner, pursuant to which the petitioner raised several invoices, as per Annexures-B, B1, C and C1. Out of the amount covered under the said invoices, a sum of Rs.2,50,000/- remains due and payable by the respondent to the petitioner. 3. The Agreement contains an arbitration clause, namely, Clause 9, which reads as under: “9. ARBITRATION In case of any dispute or difference that arise between the Company and the Customer/School on any matter within the Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010058602026 NC: 2026:KHC:50788 CMP No. 44 of 2026 scope of the agreement, such dispute or differences shall be referred to a sole arbitrator to be appointed by the Company at the time of the reference of the disputes to arbitration. Arbitration proceedings shall be conducted in Bangalore. Award of the Arbitrator shall be final and binding on both parties. The procedure laid down in Indian Arbitration Act of 1996 and the rules made there under from time to time shall apply in the matter of the reference. Only courts at Bangalore shall have jurisdiction to entertain a claim or for enforcement of the award.” 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 05.01.2026 vide Annexure-H to the respondent in terms of Section 21 of the Act, invoking the arbitration clause. Despite service of the said notice, the respondent did not furnish any response. Hence, the petitioner has filed the present petition. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010058602026 NC: 2026:KHC:50788 CMP No. 44 of 2026 5. Notice issued by this Court has been duly served upon the respondent. Despite service of notice, none appears on behalf of the respondent. 6. In view of the above, and having regard to the existence of the arbitration clause contained in the 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) Mr.Santhosh S Nagarale, Advcoate, 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. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010058602026 NC: 2026:KHC:50788 CMP No. 44 of 2026 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 13.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 25 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA