- 1 - HC-KAR NC: 2026:KHC:10030 CMP No. 533 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 533 OF 2025 BETWEEN: SRI. ZAHEERUDDIN S AGED ABOUT 70 YEARS, S/O, SRI. JANAB ABDUL SUBHAN SAB, R/AT NO. 24, R R ROAD, BASAVANAGUDI BANGALORE – 560 004 ALSO AT: 167/C, 3RD CROSS, SUGAR MANDI, NEAR AZEEM MASJID, D.J. HALLI, BANGALORE-560045 …PETITIONER (BY SRI. NARENDRA S., ADVOCATE) AND: GIRISH S AGED ABOUT 48 YEARS, S/O SRI. LATE V. SRINIVASA, R/AT, NO.5, 1ST CROSS, COTTONPET MAIN ROAD, BANGALORE -560053 …RESPONDENT (BY SRI. MADHU R., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10030 CMP No. 533 of 2025 THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A RETIRED DISTRICT/ HIGH COURT JUDGE AS A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES BETWEEN THE PETITIONER AND RESPONDENT AS PER THE TERMS PAGE NO.20 OF THE LEASE DEED DATED 02.06.2018 AS PER ANNEUXRE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. This Civil Miscellaneous Petition is filed under section 11(6) of the Arbitration and conciliation Act, 1996 (for short ‘the Act’) seeking an appointment of the sole arbitrator for resolving the dispute between parties to the petition in terms of the arbitration clause contained in lease deed dated 02.06.2018 vide Annexure A as per the provisions of the Act. 2. Brief facts, leading rise to the filing of this civil miscellaneous petition are as follows: 3. The petitioner is the absolute owner of the property bearing premises No. 7/1, Municipal No. 7/1 (Old Nos. - 3 - HC-KAR NC: 2026:KHC:10030 CMP No. 533 of 2025 43,86,100 and 7)PID No. 27-06-7/1, situated at 2nd cross, Dr. TCM Royan road, Bangalore. The lease deed dated 02.06.2018 was entered between the petitioner and the respondent for the construction of the lodge/ guest house in the schedule premises. The respondent committed a default in payment of rents to the petitioner. The petitioner approached the commercial court in Com. O.S. No. 1652/2024 seeking the vacant possession of the premises and for the arrears of rent. Further, the commercial court disposed off the suit by referring the parties to the arbitration in terms of the clause contained in the lease agreement. Thereafter, the petitioner issued an arbitration notice invoking the arbitration clause on 21.07.2025. However, the respondent did not reply to the said notice. Hence, this petition. 4. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent. - 4 - HC-KAR NC: 2026:KHC:10030 CMP No. 533 of 2025 5. Learned counsel for the petitioner submits that, pursuant to the Agreement at Annexure-A having been entered into by the parties to the petition, the arbitral dispute arose and the petitioner has invoked the arbitration clause by issuing an arbitration notice under Section 21 of the Act. The lease deed contains the arbitration clause, and the dispute has to be resolved through arbitration. Accordingly, on these grounds, prays to allow the petition. 6. Per contra, learned counsel for the respondent submits no objection to allow the petition by appointing the sole arbitrator. 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 had made out a ground to refer the dispute to the - 5 - HC-KAR NC: 2026:KHC:10030 CMP No. 533 of 2025 arbitration in terms of the arbitration clause contained in the lease deed dated 02.06.2018 vide annexure A as per the provisions of the Act and the rules?” 9. It is undisputed that the petitioner and the respondent entered into the lease deed dated 02.06.2018 vide Annexure-A. The respondent committed a default in payment of rents to the petitioner. The petitioner approached the commercial court in Com. O.S. No. 1652/2024 seeking the vacant possession of the premises and for the arrears of rent. Further, the respondent filed an application under section 8 of the Act for reference to the arbitration. However, the petitioner filed a memo seeking the leave of the court to withdraw the suit. The commercial court disposed off the suit by referring the parties to the arbitration in terms of the clause contained in the lease agreement. Thereafter, the petitioner issued an arbitration notice invoking the arbitration clause on 21.07.2025. - 6 - HC-KAR NC: 2026:KHC:10030 CMP No. 533 of 2025 10. I have perused the arbitration clause incorporated in the lease deed at Annexure- A, which reads as follows: “Any dispute or difference which may arise between the parties with regard to any of the matters within the ambit of this deed shall be referred to arbitration and the decision of the arbitrator shall be final. The provisions of the Indian Arbitration and Conciliation Act, 1996 shall apply to such arbitration.” 11. From the perusal of the arbitration clause, it is clear that, any dispute arising regarding the matter within the ambit of the lease deed shall be referred to the arbitration. Admittedly, there is an arbitration clause and the dispute arose between the parties to the petition which is arbitral in nature and the petitioner has invoked the arbitration clause by issuing an arbitration notice dated 21.07.2025. 12. Learned counsel for the respondent submits no objection to appoint the sole Arbitrator. - 7 - HC-KAR NC: 2026:KHC:10030 CMP No. 533 of 2025 13. In view of the submissions made by the learned counsel for the respondent and for the foregoing discussion, the petitioner has made out a ground to refer the dispute to the arbitration. Accordingly, I answer the point in the affirmative. 14. In the result, the following: ORDER i. The Civil miscellaneous petition is allowed. ii. Hon'ble Mr. Justice A.V.Chandrashekar, former Judge, High Court of Karnataka is nominated as an arbitrator to resolve the dispute between the petitioner and respondent in terms of arbitration clause incorporated in lease deed as per the provisions of the Arbitration and Conciliation Act and the Rules. iii. All contentions of the parties are kept open. iv. The Registry is directed to communicate this order to the learned arbitrator and - 8 - HC-KAR NC: 2026:KHC:10030 CMP No. 533 of 2025 the director of the Arbitration and Conciliation Centre, Bengaluru. v. The Registry is directed to return the original/certified copy of the documents produced by the petitioner after retaining the photocopy of the same. vi. Pending IA(s), if any, disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS(Online) CT:KHV