Mr Aboobacker Sidheeq P v Vs M/S Thrinity Heart Foundation Pvt. Ltd.

M/S TRINITY HEART FOUNDATION PVT LTD., NO. 27, SREERAMMANDIRA ROAD, BASAVANAGUDI, BANGALORE - 560 004 A PRIVATE LIMITED COMPANY REPRESENTED HEREIN BY ITS CHAIRMAN AND MANAGING DIRECTOR DR. B G MURALIDHARA, THE 2^ND RESPONDENT HEREIN.

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DR. B.G. MURALIDHARA, THE CHAIRMAN AND MANAGING DIRECTOR M/S. TRINITY HEART FOUNDATION PVT LTD., NO. 27, SREERAMMANDIRA ROAD,

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NC: 2026:KHC:30358 CMP No. 127 of 2025

HC-KAR

BASAVANAGUDI,

BANGALORE - 560 004.

DR. MRS ANURADHA MURALIDHARA BINDURMALYAN, MAJOR, W/O DR. B.G. MURALIDHARA, M/S. TRINITY HEART FOUNDATION PVT LTD.. NO. 27, SREERAMMANDIRA ROAD, BASAVANAGUDI, BANGALORE - 560 004.

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DR. ASHWINI MURALIDHARA MAJOR, D/O DR. B.G. MURALIDHARA, M/S. TRINITY HEART FOUNDATION PVT LTD., NO. 27, SREERAMMANDIRA ROAD, BASAVANAGUDI, BANGALORE - 560 004.

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…RESPONDENTS (BY SRI. PRAKASH B N, ADVOCATE FOR R1 TO R4)

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5)(6) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO APPOINT AN ARBITRATOR IN ACCORDANCE WITH THE ARBITRATION CLAUSE 21.6 CONTAINED IN THE LEASE DEED DATED 15.02.2020 PRODUCED AT ANNEXURE - D IN LIGHT OF THE AMENDED PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996, AND IN TERMS OF SEC.11 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

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NC: 2026:KHC:30358 CMP No. 127 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The dispute between the petitioner and the respondents is about the respondents' right to forfeit a certain security deposit paid by the petitioner while entering into possession of the subject property as a ‘Tenant’. It is undisputed that the Lease Deed contemplates resolution of the dispute by arbitration.

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Sri Praveen Kumar K N, the learned counsel for the petitioner, and Sri Prakash B N, the learned counsel for the respondents, are heard, and one of the objections on behalf of the respondents, is whether there could be a reference to arbitration if the Lease Deed is not properly stamped, and when queried, the learned counsels place on record the decision of the Apex Court in ‘ Interplay Between

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NC: 2026:KHC:30358 CMP No. 127 of 2025

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HC-KAR

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Arbitration Agreements Under Arbitration And Conciliation

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Act, 1996 And Stamps Act, 1899'¹ .

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The Apex Court has exposited that the issue of non-stamping or inadequate stamping is a curable defect and the objection as to the stamping does not fall for determination either under Section 8 or Section 11 of the Arbitration and Conciliation Act, 1996 and if there is any such objection, it would fall within the ambit of the Arbitral Tribunal and the Court must decide upon whether agreement for arbitration prima facie exists.

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In the light of this submission, and the fact that admittedly there is an agreement for resolution of a dispute over the respondents' right to forfeit the security deposit, the petition must be allowed. At this stage, learned counsels submit that Sri S R Somasekhara, a retired District Judge may be

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1 2024[6] SCC 1

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NC: 2026:KHC:30358 CMP No. 127 of 2025

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HC-KAR

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appointed as the sole arbitrator who could enter reference of the dispute at the Arbitration and Conciliation Center [Domestic and International], Bengaluru. Hence, the following:

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ORDER

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[A] The petition is allowed, and Sri S R Somasekhara, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between

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the petitioner and respondents and conduct the proceeding at the Arbitration and Conciliation Centre [Domestic and International], Bengaluru according to the Rules governing the Arbitration and

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Conciliation Centre [Domestic and International], Bengaluru.

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HC-KAR

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[B] The Registry is directed to communicate this order [through email] to the Arbitration and Conciliation Centre [Domestic and International], Bengaluru and Sri S R Somasekhara, No.H-802, Pride Enchanta, Opposite BHEL, Mysuru Road, Bengaluru-560 026 [Email: [email protected]] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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