- 1 - HC-KAR NC: 2026:KHC:23852 CMP No. 588 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 588 OF 2024 BETWEEN: 1. M/S. SCENIC BEAUTY HOMES PRIVATE LIMITED REGISTERED OFFICE AT 552, 7TH MAIN ROAD, AGS LAYOUT, DOLLARS COLONY, R M V 2ND STAGE, BENGALURU - 560 094. REPRESENTED BY ITS AUTHORIZED SIGNATORY, RAJKUMAR S. …PETITIONER (BY SRI. V AKSHAY KUMAR JAIN.,ADVOCATE) AND: 1. MR.PANKAJ KUMAR AGED ABOUT 44 YEARS, S/O ARUN KUMAR, RESIDING AT FLAT 306, BLOCK 1, SAROVAR APARTMENT, RACHENHALLI, THANISANDRA MAIN ROAD, BENGALURU - 560 077. …RESPONDENT (V/O DATED 10.4.2026, NOTICE TO RESPONDENT H/S) THIS CMP IS FILED UNDER 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO a) APPOINT A FIT AND PROPER PERSON AS THE SOLE ARBITRATOR TO ADJUDICATE UPON THE DISPUTES AND DIFFERENCES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23852 CMP No. 588 of 2024 RESPONDENT IN CLAUSE 31 OUT OF OR IN CONNECTION WITH THE AGREEMENT FOR CONSTRUCTION DATED 04.07.2023 EXECUTED BETWEEN BOTH THE AFORESAID PARTIES AT ANNEXURE A AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard learned counsel appearing for the petitioner. Respondent served, remained absent. 2. In this petition, the petitioner has sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to Clause 31 of the Agreement of Construction dated 04.07.2023 (Annexure-A), in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 3. Having taken note of the submissions made by the learned counsel appearing for the petitioner and upon perusal of Clause 31 of the Agreement of Construction dated 04.07.2023 (Annexure-A), I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties. - 3 - HC-KAR NC: 2026:KHC:23852 CMP No. 588 of 2024 4. Accordingly, this petition under Section 11 (5) of the Act, 1996 is allowed. 5. Sri. S.R. Somashekhara, Retired District Judge is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Arbitration Centre. 6. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal. 7. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter. 8. Registry is directed to return all original documents produced by any of the parties if any, after obtaining Photostat copies of the same. SD/- (E.S.INDIRESH) JUDGE HR List No.: 2 Sl No.: 16