- 1 - HC-KAR CNR: KAHC010563852025 NC: 2026:KHC:52777 CMP No. 497 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 497 OF 2025 BETWEEN: 1. SHRI M A CHAITANYA AGED ABOUT 51 YEARS S/O MALLUR ANAND RAO R/AT SRI GAYATHRI TAPOVAMA KOTHANUR MAIN ROAD J.P. NAGAR 8TH PHASE BANGALORE 560 076. 2. SHRI A. NAGARAJA NAIDU AGED ABOUT 49 YEARS S/O. SHRI A. MARKONDAIAH R/AT E-269, 4TH 'B' MAIN ROAD SANTHRUPTHI NAGAR, J.P. NAGAR 7TH PHASE, BANGALORE - 560 078. 3. SMT. A. ARUNA NAGARAJ AGED ABOUT 43 YEARS W/O. SHRI A. NAGARAJA NAIDU R/AT E-269, 4TH 'B' MAIN ROAD SANTHRUPTHI NAGAR, J.P. NAGAR 7TH PHASE, BANGALORE - 560 078. 4. SHRI NAVA CHAITANYA S/O SHRI A NAGARAJA NAIDU AGED ABOUT 25 YEARS R/AT E-269, 4TH ‘B’ MAIN ROAD Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010563852025 NC: 2026:KHC:52777 CMP No. 497 of 2025 SANTHRUPTHI NAGAR, J P NAGAR 7TH PHASE BANGALORE-560 078. …PETITIONERS (BY SRI. SHRIKAR A.J., ADVOCATE FOR SRI. MARIAPPA M.S., ADVOCATE) AND: M/S AIRPLAZA RETAIL HOLDINGS PRIVATE LIMITED 5TH FLOOR, MOOKAMBIKA COMPLEX NO.4, LADY DESIKA ROAD MYLAPORE, CHENNAL 600 004. REP. BY ITS MANAGING DIRECTOR. ALSO AT M/S. AIRPLAZA RETAIL HOLDINGS PRIVATE LIMITED, CORPORATE OFFICE AT PLOT NO.184, 5TH FLOOR, PLATINUM TOWER UDYOG VIHAR, PHASE-1 GURUGRAM - 122 016. REP. BY ITS MANAGING DIRECTOR …RESPONDENT (SERVED AND UNREPRESENTED) THIS CMP IS FILED U/S 11(6) OF ARBITRATION AND CONCILIATION ACT PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE THE EXISTING DISPUTE BETWEEN THE PARTIES HEREIN IN TERMS OF THE ARBITRATION CLAUSE CONTAINED IN CLAUSE 18 OF THE LEASE AGREEMENT DATED 7TH JANUARY 2019 (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 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010563852025 NC: 2026:KHC:52777 CMP No. 497 of 2025 ORAL ORDER 1. This petition is filed under Section 11(6)(a) 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 parties under the Lease Agreement dated 07.01.2019, particularly in terms of Clause 18 thereof, produced at Annexure-A. 2. The brief facts of the case are that the petitioners are the absolute owners of the land and building situated at converted Sy.No.78/2 (Old Sy.No.78), Kothanur Village, Uttarahalli Hobli, Bengaluru South Taluk, measuring 5000 sq. ft., which was leased to the respondent under a Lease Agreement dated 07.01.2019 for a period of 15 years at a monthly rent of Rs.6,60,440/-, with an escalation of 15% on expiry of every three years. It is contended that the rent was required to be increased by 15% from 17.02.2022, but the respondent continued to pay the earlier rent despite repeated requests. The petitioners Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010563852025 NC: 2026:KHC:52777 CMP No. 497 of 2025 claim that the rent was Rs.7,59,506/- per month from 17.02.2022 and Rs.8,73,432/- per month from 17.02.2025 towards the increased rent. Subsequently, disputes arose between the parties in relation to the said Lease Agreement. 3. As the disputes arose between the parties, the petitioner, invoking the arbitration clause contained in the Lease Agreement, issued a notice dated 26.06.2025, vide Annexure-C, to the respondent, under Section 21 of the Act. The said arbitration clause 18 reads as under: “18. All disputes, differences and questions of any nature which at any time arise between the Parties to this Agreement or their respective representatives and assigns or any of them out of the construction of or concerning anything contained in or arising out of this Agreement or as to the rights, duties or liabilities under it of the Parties to it respectively or their respective representatives shall be subject to the exclusive jurisdiction of the courts at Bangalore. The disputes shall be settled by a sole arbitrator to be appointed by the Lessee in accordance with the Arbitration and Conciliation Act Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010563852025 NC: 2026:KHC:52777 CMP No. 497 of 2025 1996. The venue of arbitration shall be at mutually agreed place and the arbitration proceedings shall be conducted in English language. The applicable law shall be Indian law.” 4. The respondent sent a reply dated 17.07.2025 vide Annexure-D to the said notice. Being dissatisfied with the same, the present petition is filed seeking appointment of a sole Arbitrator. 5. Notice issued by this Court has been duly served upon the respondent. However, there is no representation on behalf of the respondent. 6. Having regard to the existence of the arbitration clause in the Lease Agreement and the disputes arising between the parties in relation thereto, and as the arbitration 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 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010563852025 NC: 2026:KHC:52777 CMP No. 497 of 2025 appointed for adjudication of the disputes between the parties. 7. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Shri Javid Pasha, 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 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 Sole Arbitrator. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 7 - HC-KAR CNR: KAHC010563852025 NC: 2026:KHC:52777 CMP No. 497 of 2025 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 23.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 9 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA