- 1 - HC-KAR NC: 2026:KHC:5382 CMP No. 15 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 15 OF 2025 BETWEEN: HR SONS RAINBOW TRADE CENTRE SHOP NO. 3 AND 4, 2ND BLOCK, 141-149 CHOOLAI HIGH ROAD, CHOOLAI, CHENNAI - 600 112 REPRESENTED BY ITS PARTNER, MR. VIKAS SINGHVI …PETITIONER (BY SRI. KULKARNI ABDULRASHEED SIKANDER SAB., ADVOCATE) (VC) AND: EVOLVE BUSINESS VENTURES 18/1, MODEL HOUSE ROAD, OFF KARIYAPPA ROAD, BASAVANAGUDI BANGALORE - 560 004 …RESPONDENT THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR AND CONSTITUTE THE ARBITRAL TRIBUNAL AS PER CLAUSE 13.2 OF THE AGREEMENT DATED 24.04.2019 TO RESOLVE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENT. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5382 CMP No. 15 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER This civil miscellaneous petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘Act’ for short) for the appointment of an Arbitrator to resolve the dispute between the parties to the petition as per clause 13.2 of the agreement dated 24.04.2019 vide Annexure-C. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioner entered into a retail partner agreement dated 24.04.2019 with the respondent and addendum to the rental agreement was executed on 26.12.2019. A refundable and interest free security deposit amounting to ₹50,00,000/- was paid by the petitioner to the respondent on 29.12.2019, and the same was duly acknowledged by the respondent. Airport Authority of India (‘AAI’ for short) sent a mail instructing the brands to shut down their operations till further notifications on 18.06.2020. - 3 - HC-KAR NC: 2026:KHC:5382 CMP No. 15 of 2025 On 07.07.2020, the petitioner received an e-mail requesting for it to open the retail operations immediately. The respondent sent e-mail on 22.07.2020 expressing its willingness to ensure business continuity with the petitioner and inmating of its airport business into Travistar Retail Private Limited. The petitioner received an e-mail on 15.02.2022 wherein the respondent terminated the license for master concessionaire for retail outlets at the airport with effect from 16.02.2022. The petitioner issued a legal notice dated 05.06.2024 to the respondent to return the security deposit amounting to a sum of ₹50,00,000/-. The respondent did not return the security deposit amount. There is an arbitration clause in the agreement dated 24.04.2019 vide Annexure-C. The petitioner invoked the arbitration clause by issuing an arbitration notice under Section 21 of the Act on 04.07.2024 proposing the name of the Arbitrator. The respondent did not reply to the arbitration notice. Hence, this petition. 3. A notice was issued to the respondent by this Court. The postal acknowledgment/unserved cover was not - 4 - HC-KAR NC: 2026:KHC:5382 CMP No. 15 of 2025 received. The Office note discloses that, on verification of postal track report, status shows as ‘Item delivered’ on 20.12.2025 at Basavanagudi Head Office. The respondent is served as per the postal track report. Despite the service of notice, the respondent remained unrepresented. 4. Heard the arguments of learned counsel for the petitioner. 5. Learned counsel for the petitioner submits that, there is an arbitration clause in the agreement entered into between the parties to the petition. The petitioner invoked the arbitration clause by issuing the arbitration notice. Therefore, the dispute has to be referred to arbitration. Hence, on these grounds, he prays to allow the petition. 6. Perused the records and considered the submissions of learned counsel for the petitioner. 7. The point that arises for consideration is as follows: Whether the petitioner has made out a ground to appoint an Arbitrator to resolve the dispute - 5 - HC-KAR NC: 2026:KHC:5382 CMP No. 15 of 2025 between the petitioner and the respondent in terms of clause 13.2 of the agreement dated 24.04.2019 vide Annexure-C? 8. There is no dispute that the petitioner and respondent have entered into retail partner agreement on 24.04.2019 and the respondent terminated the agreement with effect from 16.02.2022 by e-mail dated 15.02.2022. After termination, the petitioner requested the respondent to return the security deposit amounting to a sum of ₹50,00,000/-. Despite a legal notice issued on 05.06.2024, the respondent did not return the security deposit. There is an arbitration clause in the agreement, which reads as follows: “13.2 Arbitration 13.2.1 Any Dispute, which is not settled by negotiation and conciliation, shall be resolved by final and binding arbitration. The arbitral tribunal shall consist of only 1 (one) arbitrator. The sole arbitrator shall be appointed by the Sole Proprietorship.” 9. From the perusal of arbitration clause, it discloses that, if any dispute arises between the parties to the - 6 - HC-KAR NC: 2026:KHC:5382 CMP No. 15 of 2025 agreement, the same shall be resolved through arbitration. The petitioner invoked an arbitration clause by issuing a notice to the respondents as per Annexure-P on 04.07.2024 under Section 21 of the Act proposing the name of an Arbitrator. The said notice was served on the respondent. Despite the service of notice, the respondent did not agree for the name proposed by the name of the arbitrator proposed by the petitioner. Admittedly, there is an arbitration clause in the agreement, the arbitral dispute arose between the parties to the petition, and the dispute has to be resolved through arbitration. Thus, the petitioner has made out a ground to refer the dispute to the arbitration in terms of clause 13.2 of the agreement dated 24.04.2019. Accordingly, I answer the point in the affirmative. 10. In view of the above discussion, I proceed to pass the following: ORDER i. The Civil Miscellaneous Petition is allowed; ii. Hon’ble Ms. Justice J.M.Khazi, Former Judge of this Court is nominated as the Sole Arbitrator to - 7 - HC-KAR NC: 2026:KHC:5382 CMP No. 15 of 2025 resolve the dispute between the petitioner and the respondent as per the provisions of the Act and the Rules; iii. The Registry is directed to communicate this order to the learned Arbitrator, and the Arbitration and Conciliation Centre, Bengaluru; iv. All the contentions of the parties are kept open including limitation. v. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 2 Sl No.: 44