- 1 - HC-KAR CNR: KAHC010415842026 NC: 2026:KHC:55541 CMP No. 306 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 306 OF 2026 BETWEEN: MRS. RASHMI SUBRAMANYA W.O DR S SUBRAMANYA AGED ABOUT 61 YEARS RESIDING AT B-3, 161 SFS 208 YELAHANKA NEW TOWN BENGALURU-560064. THROUGH HER GPA HOLDER DR S SUBRAMANYA AGED ABOUT 70 YEARS S/O MR SURYANARAYANA RAO R/AT B-3, 161 SFS 208 YELAHANKA NEW TOWN BENGALURU – 560064. …PETITIONER (BY SMT. ANISHA A. AATRESH., ADVOCATE) AND: SFYGMOS HEALTHCARE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING IS REGISTERED OFFICE AT NO. 804 B SECTOR, DOUBLE ROAD YELAHANKA NEW TOWN BENGALURU - 560064 THROUGH ITS DIRECTORS ALSO AT NO 804 MIG, BBMP KHATA NO 1092/804 MAJOR UNNI KRISHNAN ROAD 2ND STAGE, WARD NO 4, B SECTOR Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010415842026 NC: 2026:KHC:55541 CMP No. 306 of 2026 YELAHANKA NEW TOWN BENGALURU – 560064 …RESPONDENT (RESPONDENT SERVED) THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT PRAYING TO APPOINT AND NOMINATE HONBLE MR. A.P. MURARI, DISTRICT JUDGE (RETD) OR ANY RETIRED JUDGE OF THIS HONBLE COURT OR ANY OTHER COURT TO BE THE SOLE ARBITRATOR IN TERMS OF CLAUSE 17 OF THE LEASE AGREEMENT DATED 04.12.2019 (AT ANNEXURE B) FOR ADJUDICATION OF DISPUTES THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT AND 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(5) 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 04.12.2019 particularly in terms of Clause 17 thereof, produced at Annexure-B. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010415842026 NC: 2026:KHC:55541 CMP No. 306 of 2026 2. The brief facts of the case are that petitioner is the absolute owner of the property bearing No.804 MIG, BBMP No.1092/804, 2nd Stage, Ward No.4, B-Secator, Major Unni Krishnan Road, Yelahanka, New Town, Bengaluru totally measuring 3555 sqft. The petitioner entered into a Lease Agreement dated 04.12.2019 with the respondent and petitioner received a sum of Rs.40,00,000/- from the respondent towards refundable security deposit and respondent agreed to pay sum of Rs.4,00,000/- towards monthly rentals. Thereafter, the respondent committed default in payment of the monthly rentals. Consequently, 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 Agreement, issued a notice dated 14.05.2026 vide Annexure-L, to the respondent under Section 21 of the Act. The said arbitration clause 17 reads as under: Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010415842026 NC: 2026:KHC:55541 CMP No. 306 of 2026 “17. ARBITRATION The FIRST PARTY and SECOND PARTY agree that they shall refer and resolve all disputes solely for resolution by Arbitration, to be conducted by a single arbitrator chosen by the both FIRST PARTY and SECOND PARTY and such arbitration shall be held in Bangalore in accordance with the Indian Arbitration and Reconciliation Act, 1996.” 4. The respondent sent a reply dated 02.06.2026 vide Annexure-O to the said notice. Being dissatisfied with the reply, 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 contained in the Agreement, which provides for resolution of disputes arising between the parties, and the Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010415842026 NC: 2026:KHC:55541 CMP No. 306 of 2026 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. 7. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Hon’ble Smt. Justice Rathnakala, Former Judge, High Court of Karnataka, 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 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010415842026 NC: 2026:KHC:55541 CMP No. 306 of 2026 Bhavan, Bengaluru, and also to Hon’ble Mrs. Justice Rathnakala. 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 06.11.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 17 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA