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2026 DAILYLAW 42072 (KAR)

SHRI ANSHU RAJ, v. MR. GIRISH H

CMP/55/2026 · 2026-09-17

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010075482026 NC: 2026:KHC:50978 CMP No. 55 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. 55 OF 2026 BETWEEN: SHRI ANSHU RAJ AGED ABOUT 41 YEARS S/O SARASWATHI PRASAD SINHA PRESENTLY R/AT NO.14 FLORA ROAD, AZALEA PARK NO.02-06, SINGAPORE-509731. …PETITIONER (BY SRI. JNANESHKUMAR K., ADVOCATE) AND: MR. GIRISH H PROPRIETOR YANTRA MACHINERIES COMMUNICATIONS AND BUILDINGS NO.296/162, 5TH CROSS BHUVANESHWARINAGAR 3RD STAGE, BASAVESHWARANAGAR BENGALURU-560079 ALSO AT FLAT NO. 2022, 2ND FLOOR WING-2, SOBHA INDRAPRASTHA RAJAJINAGAR, BENGALURU. …RESPONDENT (BY SRI. RAJESHWARI M., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO PASS AN ORDER APPOINT A SUITABLE, INDEPENDENT AND IMPARTIAL ARBITRATOR BETWEEN THE PETITIONER AND Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010075482026 NC: 2026:KHC:50978 CMP No. 55 of 2026 RESPONDENT UNDER SECTION. 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, RENTAL AGREEMENT DATED 1.11.2024 AT ANNEXURE - A, ARBITRATION CLAUSE AT PAGE NO.18. 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 Rental Agreement dated 01.11.2024, particularly in terms of Arbitration Clause mentioned thereof, produced at Annexure-A. 2. The petitioner is the owner of the property bearing Flat No.2022, situated on the 2nd Floor, Wing-2, Sobha Indraprasta, Rajajinagar, Bengaluru. The petitioner let out the said property to the respondent on rent, pursuant to which a Rental Agreement dated 01.11.2024 (Annexure-A) was executed between the parties. The further case of the Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010075482026 NC: 2026:KHC:50978 CMP No. 55 of 2026 petitioner is that, in terms of the said Rental Agreement, the respondent has failed to pay the rent regularly and is in arrears of rent. 3. The Rental Agreement contains an arbitration clause, namely, Clause, which reads as under: “In respect of any dispute arising between the parties relating to this agreement in any matter whatsoever, the same shall be settled in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and the statutory modification thereof and the jurisdiction shall be at Bangalore.” 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 12.01.2026 vide Annexure-E, to the respondent in terms of Section 21 of the Act, invoking the arbitration clause. The acknowledgment, in the form of postal tracking report evidencing service of the notice, is produced at Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010075482026 NC: 2026:KHC:50978 CMP No. 55 of 2026 Annexure-G. As per the postal tracking report, the notice was delivered. Despite service of the said notice, the respondent 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 respondent and respondent has appeared through counsel. 6. Learned counsel for the respondent submits that she has no objection to the appointment of Sole Arbitrator. 7. In view of the above, and having regard to the existence of the arbitration clause contained in the Rental 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: Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010075482026 NC: 2026:KHC:50978 CMP No. 55 of 2026 ORDER a) Civil Miscellaneous Petition is allowed. b) Mr.Vikas Nanjundappa Mahendra, Advocate, 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: KAHC010075482026 NC: 2026:KHC:50978 CMP No. 55 of 2026 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.: 27 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA