- 1 - HC-KAR CNR: KAHC010564452023 NC: 2026:KHC:52397 CMP No. 415 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO.415 OF 2023 BETWEEN: 1. M/S TALAPPAKATTI HOTELS PRIVATE LIMITED HAVING ITS CORPORATE OFFICE AT NO.25/30 RAMKY HOUSE, 4TH FLOOR, SERVICE ROAD CHELEKARE, KALYAN NAGAR BENGALURU – 560 043 (REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. R. THIRUVENKADAM THE ASSISTANT VICE PRESIDENT FINANCE) …PETITIONER (BY SRI. SATHIES KUMAR S, ADVOCATE) AND: 1. M/S AL HALAL FOODS HAVING OFFICE AT: SHOP NO.23-24 ACCORD CRYSTAL HSG LIMITED SY NO.138/85, SHANTIVAM JAMUNA NAGAR NEAR RITU PARADISE MIRA BHYRANDER ROAD MIRA ROAD, THANE – 421 302 MAHARASHTRA (REPRESENTED BY ITS PROPRIETOR MR. ABDUL HAMMED ANSARI 2. MR. ABDUL HAMMED ANSARI AGED ABOUT: MAJOR PROPRIETOR OF AL HALAL FOODS SHOP NO.23-24 ACCORD CRYSTAL HSG LIMITED Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010564452023 NC: 2026:KHC:52397 CMP No. 415 of 2023 SY NO.138/5, SHANTIVAM JAMUNA NAGAR, NEAR RITU PARADISE MIRA BHYRANDER ROAD MIRA ROAD, THANE – 421 302 MAHARASHTRA …RESPONDENTS (R2 SERVED AND UNREPRESENTED; VIDE ORDER DATED 12.06.2026, R1 IS THE COMPANY REP. BY PROPRIETOR I.E., R2 MR. ABDUL HAMED ANSARI, NOTICE TO R1 & R2 ARE DULY SERVED ON R2) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11 (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W RULE 20 OF THE KARNATAKA HIGH COURT SCHEME, 1996, PRAYING TO APPOINT ANY RETIRED HON’BLE JUDGE OF HIGH COURT OF KARNATAKA AT THE ARBITRATION CENTRE, BENGALURU AS THE SOLE ARBITRATOR TO ARBITRATE UPON THE DISPUTES BETWEEN THE PARTIES, AT ARBITRATION CLAUSE 13.2 VIDE AGREEMENT DATED 05.07.2021, AT ANNEXURE-B 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(6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), seeking the following reliefs: "1. Appoint any retired Hon’ble Judge of High Court of Karnataka at the Arbitration Centre, Bangalore as the Sole Arbitrator to arbitrate upon the disputes Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010564452023 NC: 2026:KHC:52397 CMP No. 415 of 2023 between the parties, at Arbitration clause 13.2 vide Agreement dated 05.07.2021, at Annexure-B. 2. In the alternate to appoint any arbitrator to enter upon as arbitrator and to adjudicate the dispute between the parties. 3. Pass such other further orders/directions as may be deemed fit in the interest of justice and equity." 2. The brief facts of the case are that the petitioner is a Company incorporated under the Companies Act, carrying on business in hospitality industry. The petitioner and respondent no.1, represented by its Proprietor, respondent No.2 entered into an agreement dated 05.07.2021 whereby respondent No.2 agreed that he would, through Respondent No.1, supply chicken and mutton for the period from 01.07.2021 to 31.03.2022 to the petitioner subject to certain terms and conditions. Subsequently, disputes arose between the parties in relation to the said agreement. 3. As the disputes arose between the parties, the petitioner, invoking the arbitration clause contained in the Agreement dated 05.07.2021, issued a notice dated Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010564452023 NC: 2026:KHC:52397 CMP No. 415 of 2023 10.08.2023, vide Annexure-E, to the respondents under Section 21 of the Act. The said arbitration clause No.13.2 reads as under: “13.2 If disputes, difference if any, arising between the Parties hereto shall be referred to a sole Arbitrator to be appointed by the Company. The Arbitrator so appointed will conduct the proceedings in accordance with the Arbitration and Conciliation Act, 1996 and any modification from time to time. The Venue / Seat of Arbitration Proceedings will be at Bangalore, Karnataka State, India alone. The proceedings will be conducted in English Language and the decision of the sole Arbitrator shall be final and binding on both Parties hereto." 4. Despite service of the said notice, respondent No.2 did not furnish any response. Hence, the present petition is filed seeking appointment of a sole Arbitrator. 5. Notice issued by this Court has been duly served upon the respondents. However, there is no representation on behalf of the respondents. 6. Having regard to the existence of the arbitration clause in the Agreement and the disputes arising between the parties in relation thereto, and as the arbitration Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010564452023 NC: 2026:KHC:52397 CMP No. 415 of 2023 clause has been duly invoked by the petitioner by issuing notice under Section 21 of the Act, this Court is of the opinion that a sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. 7. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Sri Rajmohan Srivatsava, Former 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 left 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. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010564452023 NC: 2026:KHC:52397 CMP No. 415 of 2023 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 22.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE hkh. List No.: 1 Sl No.: 10 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA