- 1 - HC-KAR CNR: KAHC010189492025 NC: 2026:KHC:53908 CMP No. 168 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 168 OF 2025 BETWEEN: 1. M/S. URBAN MOTO PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO.16 1ST CROSS, VENUGOPAL SWAMY STREET EJIPURA, ASHWINI LAYOUT BANGALORE 560047 REP. BY MANAGING PARTNER SMT. VIDYA VENKATESAN. 2. SMT. VIDYA VENKATESAN W/O MR.KAARTHIK.S AGED ABOUT 31 YEARS R/AT NO.16, 1ST CROSS VENUGOPALA SWAMY STREET EJIPURA, ASWINI LAYOUT BENGALURU SOUTH BENGALURU -560047. 3. MRS. JAYASHREE K V W/O MR. A. RADHAKRISHNAN AGED ABOUT 55 YEARS R/AT NO. 16, 18TH CROSS EJIPURA, VIVEKNAGAR BANGALORE SOUTH BANGALORE 560047 …PETITIONERS (BY SRI. SHIVA REDDY R., ADVOCATE) Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010189492025 NC: 2026:KHC:53908 CMP No. 168 of 2025 AND: 1. HEXA-GT PROPRIETORSHIP FIRM HAVING OFFICE AT NO.84, 15TH CROSS P AND T COLONY CHOLURPALYA BENGALURU, KARNATAKA - 560023 REPRESENTED BY ITS PROPRIETOR MYTHILI RAMESH. 2. MYTHILI RAMESH W/O RAMESH R NO. 68/1, 3RD MAIN, 5TH CROSS SBI STAFF COLONY HOSAHALLI EXTENSION VIJAYANAGAR, STAGE 1 BENGALURU- 560040. …RESPONDENTS (BY SRI.CHOKKAREDDY., ADVOCATE FOR R1 & R2) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR AND DIRECT TO ADJUDICATE ALL ISSUES/DISPUTES PENDING BETWEEN THE PETITIONER FIRM AND RESPONDENTS ARISING OUT OF THE DISTRIBUTION AGREEMENT DATED 14.04.2021, AS PER CLAUSE 14.1 AS MENTIONED IN VIDE ANNEXURE - A AND PASS APPROPRIATE AWARDS IN THE INTEREST OF JUSTICE AND EQUITY. 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 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010189492025 NC: 2026:KHC:53908 CMP No. 168 of 2025 adjudication of the disputes that have arisen between the parties under the Distribution Agreement dated 14.04.2021, particularly in terms of Clause 14 thereof, produced at Annexure-A. 2. The brief facts of the case are that petitioner No.1 is a partnership firm engaged in the business of marketing, selling and servicing of bike accessories and other allied products, and petitioner No.2 is the Managing Director of the said firm. Respondent No.1 is a proprietorship firm engaged in the business of manufacturing and developing vehicle parts, and respondent No.2 is the proprietor of the said firm. The petitioner No.1-Firm represented by petitioner No.2 entered into a Distribution Agreement dated 14.04.2021 (Annexure-A) with the respondent No.1- Firm for promoting, marketing, selling and distributing the products of the respondent-firm. The grievance of the petitioners is that some of the products supplied by the respondent-Firm were defective. Hence, the petitioners Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010189492025 NC: 2026:KHC:53908 CMP No. 168 of 2025 issued a legal notice dated 28.06.2024 to the respondents, calling upon them to take back the defective products and refund the amount. However, the respondents neither responded favourably to the request for replacement of the defective products nor refunded the amount. Subsequently, disputes arose between the parties in relation to the said Agreement. 3. As the disputes arose between the parties, the petitioners, invoking the arbitration clause contained in the Agreement, issued a notice dated 18.12.2024 vide Annexure-G, to the respondents under Section 21 of the Act. The said arbitration clause 14 reads as under: “14.1. In the event of any conflict arises in connection with performance of the Agreement, the parties shall attempt to solve such dispute through friendly consultations. 14.2. If the parties could not mutually arrive at any settlement of such dispute, then under such circumstances, such dispute shall be submitted to an Arbitrator. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010189492025 NC: 2026:KHC:53908 CMP No. 168 of 2025 14.3. Arbitration shall take place in Bangalore; India and the arbitral award is final and binding upon the parties” 4. Despite service of the said notice, the respondents did not furnish any response. Hence, the present petition is filed seeking appointment of a sole Arbitrator. 5. The learned counsel for the respondents submits that respondents have no objection to the appointment of sole Arbitrator. 6. Having regard to the existence of the arbitration clause contained in the Agreement, which provides for resolution of disputes arising between the parties, and the fact that the petitioner has duly invoked the said arbitration clause 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. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010189492025 NC: 2026:KHC:53908 CMP No. 168 of 2025 7. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Mr.D.Nagaraj, 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 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. 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 - 7 - HC-KAR CNR: KAHC010189492025 NC: 2026:KHC:53908 CMP No. 168 of 2025 f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 27.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 18 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA