THE HIGH COURT OF KARNATAKA
ASHOK S.KINAGI
M/S GLOBE DETECTIVE AGENCY PVT LTD – Appellant
Versus
SMT YASHODHA VENKATESH – Respondent
CMP 119/2024
##PAGE1##
- 1 -
NC: 2026:KHC:5004
CMP No. 119 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
CIVIL MISC. PETITION NO. 119 OF 2024
BETWEEN:
M/S GLOBE DETECTIVE AGENCY PVT. LTD.
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956
HAVING ITS REGISTERED ADDRESS AT
NO.601-603, EROS APARTMENTS,
56, NEHRU PLACE NEW DELHI
INDIA-110019
ALSO HAVING ITS CORPORATE OFFICE AT
NO.102-103, MONEY CENTRE,
121, 7TH BLOCK, 1ST FLOOR,
KORAMANGALA. BENGALURU
Digita lly KARNATAKA-560095
signed by
REPRESENTED BY ITS DIRECTOR,
SUNITHA K S
MR PUNEET KUMAR
Location:
HIGH COURT S/O LATE MR. PREM KUMAR
OF
KARNATAKA
…PETITIONER
(BY SRI. MILASH ARROL NORONHA., ADV.)
AND:
SMT. YASHODHA VENKATESH
W/O SRI. VENKATESH
RESIDING AT NO.2-50(B)
##PAGE2##- 2 -
NC: 2026:KHC:5004
CMP No. 119 of 2024
HC-KAR
KANKANADY HOUSE, KADUBETTA POST,
KADUBETTA VILLAGE,
BANTWAL TALUK
DAKSHINA KANNADA DISTRICT
KARNATAKA
ALSO AVAILABLE AT
NO.307, 2ND FLOOR,EBONY BLOCK
ST. JOHN’S WOOD APARTMENT,
TAVAREKERE MAIN ROAD
BANGALORE, KARNATAKA-560029
…RESPONDENT
(V/O DTD. 09.01.2026 SERVICE OF NOTICE
TO RESPONDENT IS HELD SUFFICIENT)
THE CIVIL MISC. PETITION IS FILED UNDER SECTION
11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO NOMINATE AND APPOINT A SOLE ARBITRATOR TO
RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND THE
RESPONDENTS WITH RESPECT TO THE OUTSTANDING
AMOUNT ARISING OUT OF THE LEAVE AND LICENSE
AGREEMENT DATED 14.03.2014 AS PER THE ARBITRATION
AGREEMENT IN CLAUSE 8.13 PRODUCED AT ANNEXURE A,
GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE
COURT DEEM FIT TO GRANT UNDER THE CIRCUMSTANCES OF
THE ABOVE CASE, IN THE INTEREST OF JUSTICE AND EQUITY,
AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
##PAGE3##- 3 -
NC: 2026:KHC:5004
CMP No. 119 of 2024
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 arising
out of the leave and license agreement dated 14.03.2014
as per the arbitration agreement in clause 8.13 vide
Annexure-A.
2. Brief facts, leading rise to the filing of this
petition are as follows:
The petitioner and respondent executed a leave cum
license agreement on 14.03.2014. Addendum to leave and
license agreement was executed on 01.08.2014 between
the petitioner and respondent. The petitioner filed a suit in
O.S.No.4/2017 on the file of learned III Additional Senior
Civil Judge, Mysuru. The respondent filed an application
under Section 8 of the Act of 1996 alleging that there is an
##PAGE4##- 4 -
NC: 2026:KHC:5004
CMP No. 119 of 2024
HC-KAR
arbitration clause. The said application was dismissed by
the trial Court. The respondent preferred a writ petition in
W.P.No.20052/2019. The said writ petition was partly
allowed vide order dated 20.04.2022 and I.ANo.2 was
remanded for fresh adjudication. The petitioner filed an
application in I.A.No.3 to withdraw the suit with a liberty
to invoke arbitration clause in the said suit. I.A.No.3 was
allowed. The legal notice was issued to the respondent as
per the provisions of Section 11 of the Act of 1996
invoking an arbitration clause on 22.01.2024. The said
notice was duly served on the respondent. The respondent
did not reply to the arbitration notice. Hence, this petition.
3. A notice was issued to the respondent. Despite
the service of notice, the respondent remained
unrepresented.
4. Heard the arguments of the learned counsel for
the petitioner.
##PAGE5##- 5 -
NC: 2026:KHC:5004
CMP No. 119 of 2024
HC-KAR
5. Learned counsel for the petitioner submits that
the arbitral dispute arose between the parties to the
petition after having entered into the leave and license
agreement. He submits that the petitioner invoked
arbitration clause by issuing arbitral notice. Therefore, the
matter has to be referred to the arbitration. Hence, on
these grounds, prays to al
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.