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2026 Supreme(Online)(Kar) 8829
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S. Indiresh, J
MR ANURAJ ENNAI – Appellant
Versus
MR TEJPRATAP PANDEY – Respondent
CMP No. 333 of 2025 | CIVIL MISCELLANEOUS PETITION NO.333 OF 2025
For the Appellants/Petitioners: Sabastian M.A.
For the Respondents: Muttalli Santosh Timmappa
The court will appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, when a valid arbitration agreement exists and the respondent does not oppose the appointment.
Headnote:The petitioner filed a petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator to adjudicate disputes arising from a Share Purchase Agreement dated 13.07.2022. The court noted that the respondent did not oppose the appointment of the arbitrator. The primary issue was whether the court should appoint an arbitrator as per the agreement. The court reasoned that since the respondent was not opposing the appointment, the petition deserved to be allowed. Accordingly, Civil Miscellaneous Petition is allowed.
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR IN ADJUDICATING THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS ARISING OUT OF THE SHARE PURCHASE AGREEMENT DATED 13.07.2022 AS PER ANNEXURE-B AND TO GRANT SUCH OTHER RELIEFS AS OR JUST IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
This petition is filed under Section 11 of Arbitration and Conciliation Act, 1996 seeking the appointment of Arbitrator as per clause 14.1 of the Share Purchase Agreement dated 13.07.2022.
Heard the leaned counsel appearing for the parties.
Having taken note of the submissions made by the learned counsel appearing for the parties and as the learned counsel appearing for the respondent is not opposing for appointment of the Arbitrator, I am of the view that the petition deserves to be allowed.
Sri. H.V. Ramachandra Rao, retired District Judge is appointed to act as a Sole Arbitrator in the Arbitration and Conciliation Centre, Bengaluru as per the extant Rules.
All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.
A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru for proceeding further in the matter.
Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file.
Since the parties are represented through their learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 07.04.2026 at 11.00 a.m. to enable the learned Arbitrator to take further action in the matter.
Accordingly, Civil Miscellaneous Petition is allowed.
