IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 445 OF 2022 BETWEEN:

M/S. SHREE INTERNATIONAL VYAPAR PVT. LTD., HAVING ITS OFFICE AT:

No.45, HIGHPOINT-2, FLAT No. 2013, GROUND FLOOR, PALACE ROAD, BENGALURU-560 001.

REP. BY ITS AUTHORIZED SIGNATORY SRI. S. BALAJI.

…PETITIONER (BY SMT. SREEDEVI K B, ADVOCATE)

AND:

1. M/S. K CONSTRUCTION, LONG BAZAR, VICOTA, CHITTOR DISTRICT, ANDRA PRADESH - 517424, REP. BY ITS PROPRIETOR, Mr. SYED ARIF.

Digitally signed

2. Mr. SHANKARAIAH GOWDA, by SHWETHA RAGHAVEND RA S/o LATE SHRI DODDAMUNIAPPA, Location: HIGH #4, H.M.HALLI VILLAGE AND POST, COURT OF BANGALORE NORTH, KARNATAKA OPPOSITE MARUTHI SCHOOL, KARNATAKA - 562 157.

…RESPONDENTS (BY SRI PRAKASH B S, ADVOCATE FOR R-1 & R-2)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT 2015, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO APPOINT AN ARBITRATOR AS PER CLAUSE 24.2 OF THE JOINT VENTURE AGREEMENT DATED 17/07/2018 PRODUCED AT ANNEXURE-B TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs;

"WHEREFORE, the Petitioner prays that this Hon'ble Court may be pleased to appoint an Arbitrator as per Clause 24.2 of the Joint Venture Agreement dated 17.07.2018 produced at Annexure-B to adjudicate the dispute between the parties in the interest of justice and equity."

2. The petitioner and respondents had entered into joint venture agreement which is governed by Arbitration Clause in terms of Article 24, which is reproduced hereunder for easy reference;

ARTICLE 24. SETTLEMENT OF DISPUTES

24.1 The Parties shall endeavor to resolve by negotiation any difference of opinion and disputes which may arise from or in connection with this Agreement TOKAR with regard to the validity of this Agreement itself, in the course of operation of the SLK LLP.

24.2 If it proves impossible to settle disputes within 30 (thirty) days and legal proceedings appear unavoidable, such disputes are to be decided through arbitration, without recourse to a general court of law.

24.3 The arbitration shall consist of three arbitrators. Each Party shall appoint one arbitrator. The chairman of the arbitral tribunal shall be decided by the three arbitrators among themselves. In the event that the Parties fail to appoint their respective arbitrators or the arbitrators appointed fail to mutually agree on the chairman of the tribunal, the Parties to the Arbitration proceeding shall have the right to take any and all steps with due process of law and in consonance with the laws of Arbitration in force at that point in time (includes approaching the Courts for formation of an Arbitral tribunal) so as to get the arbitral tribunal formed and the disputes being settled. The decision given by such an Arbitral Tribunal shall be final and must be adhered to by all the parties.

24.4 The arbitration proceedings shall be conducted in accordance with the Rules of Arbitration and Conciliation Act, 2015.

24.5 The cost of arbitration shall be decided by the Rules stated in Clause 19.4; and the interpretation of this Agreement shall be in accordance with the Indian Law:

the arbitration language shall be English.

24.6 All questions relating to validity interpretation of this agreement shall be governed by the law of India and shall be subject to jurisdiction of Court at Bhopal.

3. Though the learned counsel for respondents submit that there are no disputes which are pending between the petitioner and the respondent, after having brought to notice of the learned counsel that those are all matters which are required to be decided by the learned arbitrator, if so appointed. He fairly submits that all contentions on part of the respond