IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH 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, 3^RD CROSS, SUGAR MANDI, NEAR AZEEM MASJID, D.J. HALLI, BANGALORE-560045 Digitally signed …PETITIONER by KIRAN (BY SRI. NARENDRA S., ADVOCATE)

KUMAR R Location:

HIGH COUR T AND:

OF KARNATAKA GIRISH S AGED ABOUT 48 YEARS, S/O SRI. LATE V. SRINIVASA, R/AT, NO.5, 1^ST CROSS, COTTONPET MAIN ROAD, BANGALORE -560053 …RESPONDENT (BY SRI. MADHU R., ADVOCATE)

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.

43,86,100 and 7)PID No. 27-06-7/1, situated at 2^nd 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.

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 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 arbitr