Mr. Nazru Sheeries Basheer, Vs Shri K S Narayana — Arbitration | Karnataka HC (2025)

Mr. Nazru Sheeries Basheer, Vs Shri K S Narayana — Arbitration | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 allowed; dispute referred to mediation through the Director, Karnataka Mediation Centre (counsels to appear at 02.30 p.m. on 12.01.2026 without further notice); on success, mediation report to be placed before the Court; on failure, file to be forwarded to the Director of the Arbitration and Conciliation Centre attached to the Court, with Sri S.S. Nagarale, former District Judge, appointed as sole arbitrator under the aegis of the Arbitration Centre attached to the Court; all contentions kept open.

Issue for consideration

Whether an arbitrator ought to be appointed to arbitrate the dispute between the petitioner and the respondent arising from the lease agreement dated 02.10.2022 (Annexure-A) as provided in Clause 20 of the said agreement.

Court's answer

The Civil Misc. Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 is allowed.

Ratio / Principle

The dispute between the parties is referred to mediation; the Director, Karnataka Mediation Centre is to appoint a mediator, with both counsels to appear before the Director without further notice at 02.30 p.m. on 12.01.2026.

Key takeaways

In the event of mediation being successful, the successful mediation report is to be placed before the Court.ratio¶33
In the event of mediation not being successful, the Director of the Mediation Centre is directed to forward the copy of the file to the Director of the Arbitration and Conciliation Centre attached to the Court.ratio¶34
Sri S.S. Nagarale, a former District Judge of the District Judiciary, State of Karnataka, is appointed as sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to the Court.

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 - Section 11(5) - Appointment of arbitrator - Lease agreement dated 02.10.2022, Clause 20 arbitration clause - Petition by lessee/licensor disputant before High Court of Karnataka seeking appointment of an arbitrator for disputes arising under the lease agreement - On joint submission of both counsel, Court allowed the petition and adopted a mediation-first course: matter referred to mediation with the Director, Karnataka Mediation Centre to appoint a mediator, both counsels to appear before the Director without further notice at 02.30 p.m. on 12.01.2026; if mediation succeeds, the report to be placed before the Court; if mediation fails, the Director of the Mediation Centre to forward the file to the Director of the Arbitration and Conciliation Centre attached to the Court, where Sri S.S. Nagarale, a former District Judge of the District Judiciary, State of Karnataka, was appointed sole arbitrator under the aegis of the Arbitration Centre attached to the Court - All contentions of the parties kept open. (Suraj Govindaraj J., Oral Order dated 12.12.2025)

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NC: 2025:KHC:53230 CMP No. 577 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CIVIL MISC. PETITION NO. 577 OF 2025

BETWEEN:

MR. NAZRU SHEERIES BASHEER, AGED 50 YEARS, S/O.LATE M.B.BASHEER, RESIDING AT NO.95, II CROSS, 'C' LAYOUT, BANNI MANTAP, MYSORE-560 015

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

AND:

SHRI K S NARAYANA, AGED 59 YEARS, S/O.LATE K.V.SRINIVASEGOWDA, RESIDING AT NO.2712, II CROSS, 17TH MAIN, SNAKE SHAM ROAD, VIJAYANAGAR II STAGE, MYSORE-560 017

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

…RESPONDENT (BY SRI. SOURABH R. K, ADVOCATE)

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 RESPONDENT ARISING FROM THE LEASE AGREEMENT DATED 02.10.2022 AT ANNEXURE A AS PROVIDED IN CLAUSE 20 OF THE SAID AGREEMENT, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:53230 CMP No. 577 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

Wherefore, the petitioner respectfully prays that this Hon'ble Court may be pleased to appoint an arbitrator to arbitrate the dispute between the petitioner and the respondent arising from the lease agreement dated 02.10.2022 at annexure a as provided in clause 20 of the said agreement, in the interest of justice and equity.

After arguing for sometime, both counsels submit that initially the matter may be referred to mediation and in the event of mediation not being successful, an arbitrator could be appointed, by keeping all the contentions open. In that view of the matter, I pass the following:

ORDER

i. CMP is allowed .

ii. The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. Since, order is passed in the presence

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NC: 2025:KHC:53230 CMP No. 577 of 2025

HC-KAR

of both the counsels they shall appear before the Director, Karnataka Mediation Centre without requirement of any further notice at 02.30 p.m. on 12.01.2026.

iii. In the event of mediation being successful, the successful mediation report to be placed before this Court.

iv. In the event of mediation not being successful, the Director of Mediation Center is directed to forward the copy of the file to the Director of Arbitration and Conciliation Center attached to this Court.

v. Sri.S.S.Nagarale ., a former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court.

vi. All contentions are kept open.

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NC: 2025:KHC:53230 CMP No. 577 of 2025

HC-KAR

vii. Original and/or certified copies if produced are directed to be returned to the respective parties who have produced it/them by following due procedure.

SD/(SURAJ GOVINDARAJ) JUDGE

SR

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