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2026 Supreme(Online)(Kar) 16324

THE HIGH COURT OF KARNATAKA
ASHOK S.KINAGI
M/S GLOBE DETECTIVE AGENCY PVT LTD – Appellant
Versus
SMT YASHODHA VENKATESH – Respondent
CMP 119/2024



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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)

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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##

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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

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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.

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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

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