M/S Cannas Lilly Infrastructure v. Mr. K S M Shabbir,

NC:(2026:KHC:13166( CMP(No.(559(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(4 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(E.S.INDIRESH( CIVIL(MISC.(PETITION(No.(559(OF(2025( BETWEEN:(( (

1., M/S,CANNAS,LILLY,INFRASTRUCTURE,, PRIVATE,LIMITED, A,COMPANY,REGISTERED,UNDER,,

INDIAN,COMPANIES,ACT,,2013,No.287/B,, TH TH 9 ,'A',MAIN,,40 ,,CROSS, TH5 ,,BLOCK,,JAYANAGAR,

BANGALORE,-,560,041,, REPRESENTED,BY,ITS,MANAGING,DIRECTOR, SRI,J.CHENGAMA,NAIDU.,

…PETITIONER, , (BY,SRI,T.P,VIVEKANANDA,,ADVOCATE),

( AND:( (

1., MR.,K,S,M,SHABBIR, Digitallytisignedtiby AGED,75,YEARS, CHAYA0S0A S/O,SRI,SYED,MOHIUDDIN,SAB,,Location:0HIGH

COURT0OF M/S.A.M.GROUPS,,No.306, KARNATAKA III,FLOOR,,LUCKY,PARADISE, ND22 ,CROSS,,III,BLOCK,,JAYANAGAR,, BANGALORE,-,560,011., , ALSO,AT,No.4/1,,ZENITH,CHAMBERS,, III,FLOOR,,OFF,LAL,BAUGH,HOSUR,ROAD,, WILSON,GARDENS, BANGALORE,-,560,027., ,

2., MR.,SYED,AHMED, AGED,85,YEARS, S/O,LATE,SYED,OMER,, NC:(2026:KHC:13166( CMP(No.(559(of(2025( ( , ,,HC-KAR( ( ( THNo.37,,5 ,'B',CROSS,, TH16 ,MAIN,,II,STAGE,,B.T.M.LAYOUT,, BANGALORE,-,560,076., …RESPONDENTS, , (BY,SRI,SHRIKARA,P,K,,ADVOCATE,FOR,R1, ,SRI,C,PATTABI,RAMAN,,ADVOCATE,FOR,R2), , , THIS, CMP, IS, FILED, UNDER, SECTION, 11(5), OF, THE, ARBITRATION, AND, CONCILIATION, ACT,, 1996,, PRAYING, TO, APPOINT, AN, ARBITRATOR, TO, ARBITRATE, THE, DISPUTE, BETWEEN,THE,PETITIONER,AND,THE,RESPONDENTS,ARISING, FROM,THE,AGREEMENT,FOR,SETTLEMENT,DATED,15.03.2024, AT,ANNEXURES,-,F,AS,PER,CLUASE,10.,, , , THIS,PETITION,COMING,ON,FOR,ADMISSION,THIS,DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,E.S.INDIRESH, , , ORAL(ORDER( (

¶1Heard, learned, counsel, appearing, for, the, parties.,

¶2This, petition, is, filed, under, Section, 11, of, the, Arbitration, and, Conciliation, Act,, 1996,, , (hereinafter, referred,to,as,`the,Act'),seeking,appointment,of,Arbitrator, in, terms, of, clause, 10, of, the, Agreement, for, Settlement, dated,15.03.2024,(Annexure,–,F).,,

¶3A perusal of the petition papers would indicate that, the petitioner herein had issued a notice to the respondents on 23.05.2024 (Annexure G) and same has been responded by the respondents denying the appointment of Arbitrator on the ground that respondent No. 2 is not a signatory to the Agreement for Settlement produced at Annexure F to the petition. It is argued by Sri. T.P. Vivekananda, learned counsel appearing for the petitioner that the appointment of the Arbitrator is necessitated in view of the provision provided for resolution of dispute at Annexure F to the petition. In this regard, Sri. Shrikara P.K., learned counsel appearing for respondent No. 1 opposed the appointment of the Arbitrator on the ground that respondent No. 2 is not a signatory to the agreement and therefore petition does not survive.

¶4In the light of the submission made by the learned counsel for the parties, it is not in dispute that Clause 10 of the Agreement for Settlement at Annexure F

dated 15.03.2024 provides for appointment of Arbitrator for resolution of the dispute between the parties.

¶5I have carefully consider the submissions made by the learned counsel appearing for respondent No.1 as to the fact that respondent No. 2 is not a signatory to the agreement at Annexure F. However, these aspects have to be kept open to be urged before the learned Arbitrator and this Court while considering petition under Section 11 of the Act cannot consider the said aspect of the matter for opposing the petition for appointment of Arbitrator is concerned. In that view of the matter, I am of the view that petitioner has made out a case for appointment of an Arbitrator for resolution of the dispute.

¶6Accordingly, Sri. A.N. Venugopala Gowda, Former Judge of this Court is hereby appointed as the Arbitrator to resolve the dispute between the parties herein.

¶7In order to avoid delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre, Race Course Road, Bengaluru, on

02.04.2026 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to resolve the dispute at the earliest.

¶8Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also Sri. A.N. Venugopala Gowda, Former Judge of this Court forthwith.

¶9Accordingly, this Civil Miscellaneous Petition stands disposed of.

SD/- (E.S.INDIRESH) JUDGE

LRS List No.: 1 Sl No.: 27 Ct.sm