- 1 - HC-KAR NC: 2026:KHC:15704 CMP No. 265 of 2025 C/W CMP No. 251 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO. 265 OF 2025 C/W CIVIL MISCELLANEOUS PETITION NO. 251 OF 2025 IN CMP No. 265/2025 BETWEEN: 1. MOHAMMED SIRAJ S/O ABDUL RAZAQ, AGED ABOUT 40 YEARS, R/AT FLAT NO.002 AND 003, FIRST FLOOR, MAJESY COMFORT, BAILAKERE MAPLE, UDUPI TALUK, UDUPI -576 108. &PETITIONER (BY SMT. YAMINI MUNIRAJ, ADVOCATE) AND: 1. M/S. MANAPPURAM FINANCE LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013, REGISTERED OFFICE AT: VALAPAD, THRISHUR, KERALA STATE. 2. M/S. MANAPPURAM FINANCE LTD., UDUPI BRANCH, REPRESENTED HEREIN BY ITS BRANCH MANAGER, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15704 CMP No. 265 of 2025 C/W CMP No. 251 of 2025 PANDURANGA TOWER, FIRST FLOOR, NEAR DIANA CIRCLE, COURT ROAD - 576 101. &RESPONDENTS (R1 & R2 SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT 1996 PRAYING THAT THIS HONBLE COURT TO EXERCISE ITS JURISDICTION AND POWER UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SOLE ARBITRATOR, WHO OUGHT TO HAVE BEEN APPOINTED BY THE RESPONDENTS, BUT NEVER HAS BEEN APPOINTED BY DUE CONSENT OF BOTH THE PARTIES, TO ADJUDICATE AND RESOLVE ALL THE DISPUTES THAT HAVE ARISEN AND PRESENT IN THE LOAN APPLICATION DATED 21.08.2019 CLAUSE NO.23 IN ANNEXURE-B. IN CMP NO. 251/2025 BETWEEN: 1. MOHAMMED NAZEER S/O ABDUL RAZAQ, AGED ABOUT 46 YEARS, R/A. FLAT NO.002 & 003 1ST FLOOR, MAJESTY COMFORT, BAILAKARE, MALPE - 576 108, UDUPI TALUK, UDUPI DISTRICT. ...PETITIONER (BY SMT. YAMINI MUNIRAJ, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:15704 CMP No. 265 of 2025 C/W CMP No. 251 of 2025 AND: 1. M/S. MANAPUPURAM FINANCE LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013, REGISTERED OFFICE AT: VALAPAD, THRISSUR - 680 567, KERALA STATE. 2. M/S. MANAPPURAM FINANCE LTD., UDUPI BRANCH, RPRESENTED HEREIN BY ITS BRANCH MANAGER, PANDURANGA TOWER, FIRST FLOOR, NEAR DIANA CIRCLE, COURT ROAD - 576 101. ...RESPONDENTS (R1 & R2 SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT., PRAYING THAT THIS HONBLE COURT BE PLEASED TO EXERCISE ITS JURISDICTION AND POWER UNDER SEC. 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SOLE ARBITRATOR, WHO OUGHT TO HAVE BEEN APPOINTED BY THE RESPONDENTS BUT NEVER HAS BEEN APPOINTED BY DUE CONSENT OF BOTH THE PARTIES, TO ADJUDICATE AND RESOLVE ALL THE DISPUTES THAT HAVE ARISEN AND PRESENT IN THE LOAN APPLICATION DATED 03.09.2019 CLAUSE NO.23 ATTACHED HEREWITH AS ANNEXURE-B. - 4 - HC-KAR NC: 2026:KHC:15704 CMP No. 265 of 2025 C/W CMP No. 251 of 2025 THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the Learned counsel appearing for petitioner. Notice to respondents is served and have remained absent. 2. It is contended by the learned counsel appearing for the petitioner by inviting the attention of the Court to Clause-23 of the Loan Application (Annexure-B) that a provision has been made for resolution of dispute by an Arbitrator. 3. Taking into consideration the provision as per Clause-23 of the Loan Application (Annexure-B) for appointment of an Arbitrator under the Arbitration and Conciliation Act, 1996, I am of the opinion that, Sri. M.B. Kulkarni, retired District Judge be appointed to act as a Sole Arbitrator to resolve the dispute between the - 5 - HC-KAR NC: 2026:KHC:15704 CMP No. 265 of 2025 C/W CMP No. 251 of 2025 parties in terms of clause-23 of the Loan Application at Annexure-B to the petition. 4. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 5. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru for proceeding further in the matter. 6. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. Accordingly, Civil Miscellaneous Petitions are disposed of. Sd/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 35