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NC: 2026:KHC:5003

CMP No. 315 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

CIVIL MISC. PETITION NO. 315 OF 2025

BETWEEN:

SRI. SATYAPRAKASH SRINIVASA MURTHY

AGED ABOUT 71 YEARS

S/O LATE SRINIVASA MURTHY

R/AT No.10, SAMRUDDHI

ISRO ROAD, OFF BEL ROAD

BANGALORE 560094

…PETITIONER

Digitally

signed by

(BY SMT. NAYANA TARA BG., ADV.)

SHILPABAI S

Location:

HIGH AND:

COURT OF

KARNATAKA

1. SRI. CHANDRASHEKAR K M

AGED ABOUT 38 YEARS

S/O M MARI REDDY

R/AT No.685, 2ND FLOOR

A SECTOR MIG

1ST MAIN, 3RD CROSS

YELAHANKA NEW TOWN

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NC: 2026:KHC:5003

CMP No. 315 of 2025

HC-KAR

BANGALORE 560064

2. NAGENDRA PRASAD K

AGED ABOUT 43 YEARS

S/O KAMALAKAR

RESIDING AT HOUSE No.210

NP ROAD, AREKERE

BILEKAHALLI

BANGALORE 560076

…RESPONDENTS

(BY SRI. VENKATESHA K T., ADV.)

CIVIL MISC. PETITION FILED UNDER SEC.11(5) OF

ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO

APPOINT A SOLE ARBITRATOR TO ADJUDICATE ALL DISPUTES

BETWEEN THE PARTIES IN TERMS OF THE ARBITRATION

CLAUSE CONTAINED IN LEASE DEED DATED 25.11.2021

PRODUCED AT ANNEXURE – A, AND ETC.,

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:5003

CMP No. 315 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioner filed this petition under Section 11(6)

of the Arbitration and Conciliation Act, 1996 (for short ‘the

Act of 1996’), to appoint a Sole Arbitrator to resolve the

dispute between the petitioner and the respondents in

terms of the arbitration Clause 9 of the lease deed dated

25.11.2021 vide Annexure-A.

2. Brief facts, leading rise to the filing of this

petition are as follows:

The petitioner as the lessor and respondent Nos.1

and 2 as lessees entered into a lease deed dated

25.11.2021 regarding commercial premises situated in

Yelahanka Hobli, Bangalore to run a hospital/clinic. The

respondents have committed breach of the lease deed

compelling the petitioner to terminate the tenancy by

issuing a notice dated 01.04.2025 under Section 106 of

the Transfer of Property Act, and called upon the

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NC: 2026:KHC:5003

CMP No. 315 of 2025

HC-KAR

respondents to vacate and hand over the demised

premises. Despite the service of legal termination notice,

the respondents have neither vacated nor paid the arrears

of rent. There is an arbitration clause in the lease deed.

The petitioner issued arbitration notice under Section 21 of

the Act of 1996 on 25.04.2025. The respondents replied

to the arbitration notice on 21.05.2025, disagreeing with

the name of the proposed by the petitioner as an

arbitrator. Hence, this petition.

3. Despite granting sufficient opportunity, the

respondents have not filed the statement of objections.

4. Heard the learned counsel for the petitioner,

and also the learned counsel for the respondents.

5. Learned counsel for the petitioner submits that

the petitioner and the respondents entered into lease deed

and the respondent committed a breach of terms and

conditions of the lease deed. The petitioner terminated the

tenancy by issuing a termination notice. Despite

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NC: 2026:KHC:5003

CMP No. 315 of 2025

HC-KAR

terminating the tenancy, the respondents continued in

possession of the demised premises. She submits that

there is an arbitration clause in the lease deed and the

petitioner invoked an arbitration clause by issuing a notice

under Section 21 of the Act of 1996. She submits that the

respondents have replied to the arbitration notice and

raised untenable defence. Hence, she submits that there

exist an arbitration clause, the dispute arose and the same

has to be resolved through an arbitration. Hence, on these

grounds, she prays to allow the petition.

6. Per contra, learned counsel for the respondents

submits that the respondents have not committed any

breach of terms and conditions of the lease deed and there

is no arbitral dispute which arose between the petitioner

and respondents. He submits that the respondents have

replied to the arbitration notice

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