- 1 - HC-KAR NC: 2026:KHC:5003 CMP No. 315 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 315 OF 2025 BETWEEN: SRI. SATYAPRAKASH SRINIVASA MURTHY AGED ABOUT 71 YEARS S/O LATE SRINIVASA MURTHY R/AT No.10, SAMRUDDHI ISRO ROAD, OFF BEL ROAD BANGALORE 560094 …PETITIONER (BY SMT. NAYANA TARA BG., ADV.) AND: 1. SRI. CHANDRASHEKAR K M AGED ABOUT 38 YEARS S/O M MARI REDDY R/AT No.685, 2ND FLOOR A SECTOR MIG 1ST MAIN, 3RD CROSS YELAHANKA NEW TOWN Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5003 CMP No. 315 of 2025 BANGALORE 560064 2. NAGENDRA PRASAD K AGED ABOUT 43 YEARS S/O KAMALAKAR RESIDING AT HOUSE No.210 NP ROAD, AREKERE BILEKAHALLI BANGALORE 560076 …RESPONDENTS (BY SRI. VENKATESHA K T., ADV.) CIVIL MISC. PETITION FILED UNDER SEC.11(5) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE ALL DISPUTES BETWEEN THE PARTIES IN TERMS OF THE ARBITRATION CLAUSE CONTAINED IN LEASE DEED DATED 25.11.2021 PRODUCED AT ANNEXURE – A, AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:5003 CMP No. 315 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act of 1996’), to appoint a Sole Arbitrator to resolve the dispute between the petitioner and the respondents in terms of the arbitration Clause 9 of the lease deed dated 25.11.2021 vide Annexure-A. 2. Brief facts, leading rise to the filing of this petition are as follows: The petitioner as the lessor and respondent Nos.1 and 2 as lessees entered into a lease deed dated 25.11.2021 regarding commercial premises situated in Yelahanka Hobli, Bangalore to run a hospital/clinic. The respondents have committed breach of the lease deed compelling the petitioner to terminate the tenancy by issuing a notice dated 01.04.2025 under Section 106 of the Transfer of Property Act, and called upon the - 4 - HC-KAR NC: 2026:KHC:5003 CMP No. 315 of 2025 respondents to vacate and hand over the demised premises. Despite the service of legal termination notice, the respondents have neither vacated nor paid the arrears of rent. There is an arbitration clause in the lease deed. The petitioner issued arbitration notice under Section 21 of the Act of 1996 on 25.04.2025. The respondents replied to the arbitration notice on 21.05.2025, disagreeing with the name of the proposed by the petitioner as an arbitrator. Hence, this petition. 3. Despite granting sufficient opportunity, the respondents have not filed the statement of objections. 4. Heard the learned counsel for the petitioner, and also the learned counsel for the respondents. 5. Learned counsel for the petitioner submits that the petitioner and the respondents entered into lease deed and the respondent committed a breach of terms and conditions of the lease deed. The petitioner terminated the tenancy by issuing a termination notice. Despite - 5 - HC-KAR NC: 2026:KHC:5003 CMP No. 315 of 2025 terminating the tenancy, the respondents continued in possession of the demised premises. She submits that there is an arbitration clause in the lease deed and the petitioner invoked an arbitration clause by issuing a notice under Section 21 of the Act of 1996. She submits that the respondents have replied to the arbitration notice and raised untenable defence. Hence, she submits that there exist an arbitration clause, the dispute arose and the same has to be resolved through an arbitration. Hence, on these grounds, she prays to allow the petition. 6. Per contra, learned counsel for the respondents submits that the respondents have not committed any breach of terms and conditions of the lease deed and there is no arbitral dispute which arose between the petitioner and respondents. He submits that the respondents have replied to the arbitration notice. Hence, these grounds, he prays to dismiss the petition. - 6 - HC-KAR NC: 2026:KHC:5003 CMP No. 315 of 2025 7. Perused the records, and considered the submissions of the learned counsel for the parties. 8. The point, that would arise for consideration is as follows: “Whether the petitioner has made out a ground to refer the dispute to the arbitrator in terms of clause No.9 of the Lease Deed dated 25.11.2021 as per the provisions of Arbitration and Conciliation Act, 1996?” 9. It is an undisputed fact that the petitioner and respondent have entered into lease deed dated 25.11.2021. The respondents have committed a breach of terms and conditions of lease deed and the petitioner had terminated the tenancy by issuing a notice dated 01.04.2025 under Section 106 of the Transfer of Property Act. Even after termination the respondents continued in possession of the property. The dispute arose between the petitioner and respondents. The said dispute has to be - 7 - HC-KAR NC: 2026:KHC:5003 CMP No. 315 of 2025 resolved through an arbitration in terms of clause 9 of Annexure-A, which reads as follows: 9. ARBITRATION: In the event of any disputes, differences or claims arising out or and/or connected with this Deed, the same shall be referred to arbitration in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being force. The Lessor shall be entitled to appoint one arbitrator and the Lessees shall be entitled to appoint one arbitrator. The two arbitrators shall appoint a third arbitrator who shall be the Presiding Arbitrator. The award or directions given by the Arbitrators in pursuance of the above arbitration shall be final and binding as between the Parties hereto. The place of arbitration shall be Bangalore. 10. From the perusal of clause 9 of the lease deed, if any dispute, differences or claim arising out of the deed, the same shall be referred to an arbitration in accordance with and subject to the provisions of the Act of 1996. Admittedly, there is an arbitration clause and the dispute arose between the petitioner and respondents regarding - 8 - HC-KAR NC: 2026:KHC:5003 CMP No. 315 of 2025 the terms and conditions of the lease deed, and the petitioner invoked arbitration clause by issuing arbitration notice dated 25.04.2025. The said arbitral dispute has been resolved through an arbitration. The petitioner has made out a ground to refer the dispute to the arbitrator. Accordingly, I answer point in the affirmative. 11. Accordingly, I proceed to pass the following: ORDER i. The Civil Miscellaneous Petition is allowed. ii. Shri S.S.Nagarale, learned Retired District Judge is nominated as an arbitrator to resolve the dispute between the petitioner and respondents as per the provisions of the Arbitration and Conciliation Act, 1996 and the Rules. iii. The Registry is directed to communicate a copy of this order to the learned Arbitrator and the Director of Arbitration and Conciliation Centre, Bengaluru. - 9 - HC-KAR NC: 2026:KHC:5003 CMP No. 315 of 2025 iv. The Registry is directed to return the original/certified copy to the petitioner after retaining the photocopy of the same. v. Pending application(s), if any, shall stand disposed off. Sd/- (ASHOK S.KINAGI) JUDGE SSB