Allowed

Mr. Javeed Ahmed Sait v. M/S Talha Tours and Travels

Karnataka HC17 Sept 2026CMP/657/2025

Case brief

AI extract

What is this about?

The petitioners, lessors under a lease agreement dated 15.07.2023, sought appointment of a sole arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 after the lessee sub-let the property in violation of the agreement and failed to respond to a notice invoking arbitration. The respondent did not appear or file objections. The court allowed the petition and appointed a retired district judge as sole arbitrator.

What did the court decide?

Sri Krishnamurthy B. Sangannavar, Retired District Judge, appointed as sole arbitrator; arbitration to be conducted at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru; parties directed to appear before the Director on 13.10.2026.

Mr. Javeed Ahmed Sait Vs M/S Talha Tours and Travels — Arbitration | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:50641 CMP No. 657 of 2025

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CNR: KAHC010747412025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF SEPTEMBER, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 657 OF 2025

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BETWEEN:

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MR. JAVEED AHMED SAIT AGED ABOUT 55 YEARS S/O. MOHAMMED ARIFF

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MR. MOHAMMED ISMAIL SAIT AGED ABOUT 52 YEARS S/O. MOHAMMED ARIFF

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MR. IBRAHIM SAIT AGED ABOUT 50 YEARS S/O. MOHAMMED ARIFF

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ALL ARE R/AT NO.25/1 CLINE ROAD, COOKE TOWN BENGALURU-560 005.

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(BY SRI. THANISH C REDDY, ADVOCATE FOR SRI. A. ABHINAV RAMANAND., ADVOCATE)

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…PETITIONERS

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AND:

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M/S TALHA TOURS AND TRAVELS A PARTNERSHIP FIRM REP. BY ITS PARTNER MR. KAMAL PASHA NO.68, MADAVRAYA MUDALIAR ROAD FRONT PORTION OF GROUND FLOOR UNIT FRAZER TOWN, BENGALURU - 560 005 ALSO HAVING ITS REGISTERED OFFICE AT NO.109, CHANDNI CHOWK ROAD

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Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA

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HC-KAR

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NC: 2026:KHC:50641 CMP No. 657 of 2025

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CNR: KAHC010747412025

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SHIVAJINAGAR, H.K.P. ROAD BENGALURU-560 051.

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MR. JABBAR SHARIFF MAJOR IN AGE NO.68, MADAVRAYA MUDALIAR ROAD FRONT PORTION OF GROUND FLOOR UNIT FRAZER TOWN, BENGALURU 560 005 DELETED VIDE ORDER DATED:22.01.2026

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…RESPONDENTS

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(BY SRI. NAUSHAD ALI KHAN., ADVOCATE FOR R1(ABSENT) PETITION IS DISMISSED AGAINST R2 AS NOT PRESSED V/O DATED:22.01.2026)

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THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT SRI. I.S.ANTIN, RETD, DISTRICT AND SESSIONS JUDGE, AS THE SOLE ARBITRATOR IN TERMS OF THE ARBITRATION CLAUSE IV SUB-CLAUSE (9) CONTAINED IN THE LEASE AGREEMENT DATED 15.07.2023 AT ANNEXURE - A, IN TERMS SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 OR APPOINT ANY OTHER DISTRICT AND SESSIONS JUDGE (RETD), TO ENTER THE REFERENCE AND ADJUDICATE THE DISPUTE BETWEEN THE PARTIES AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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This petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), seeking appointment of a Sole Arbitrator for adjudication of the disputes that have arisen between the

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Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA

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HC-KAR

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NC: 2026:KHC:50641 CMP No. 657 of 2025

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CNR: KAHC010747412025

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petitioner and the respondent under the Lease Agreement dated 15.07.2023, particularly in terms of Clause IV subclause (9) thereof, produced at Annexure-A.

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Brief facts of the case are that, respondent No.1 is a lessee under the petitioners in respect of the front portion of the ground floor unit of the commercial property bearing No.68, Madhavaraya Mudaliar Road, Frazer Town, Bengaluru, approximately measuring 600 sq. ft., under the Lease Agreement dated 15.07.2023. As per the conditions of the said Agreement, the respondent was not permitted to sub-let the said property in favour of the third party without the written consent of lessors. In violation of the said condition, the respondent sub-let the property in favour of a third party. Subsequently, disputes arose between the parties in relation to the said Lease Agreement.

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The Lease Agreement contains an arbitration clause,

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namely, Clause IV sub-clause (9), which reads as under:

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Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA

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HC-KAR

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NC: 2026:KHC:50641 CMP No. 657 of 2025

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CNR: KAHC010747412025

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“In the event of there being any dispute in respect of this Indenture of Lease or the interpretation of any of the clauses hereof the same shall be referred to a sole Arbitrator. The Arbitrator shall be as per the provisions of the Indian Arbitration and Conciliation Act 1996.”

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As the Lease Agreement provides for resolution of disputes by way of arbitration, the petitioner issued a notice dated 10.12.2024, vide Annexure-E, to the respondent under Section 21 of the Act, invoking the arbitration clause. Despite service of the said notice, the respondent did not furnish any response. Hence, the petitioner has filed the present petition.

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The respondent, represented through counsel, has not filed any objections. On 10.09.2026, there was no representation on behalf of the respondent, and even today, there is no representation on behalf of the respondent.

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In view of the above, and having regard to the existence of the arbitration clause contained in the Lease

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Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA

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HC-KAR

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NC: 2026:KHC:50641 CMP No. 657 of 2025

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CNR: KAHC010747412025

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Agreement, this Court is of the opinion that a Sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. Accordingly, the following:

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ORDER

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a) Civil Miscellaneous Petition is allowed .

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b) Sri Krishnamurthy B. Sangannavar, Retired District Judge i s appointed as the Sole Arbitrator in the present case to arbitrate the disputes between the parties at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre.

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c) All the claims and contentions of the parties are kept open.

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d) Registry is directed to communicate this order via E-mail to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, and also to the learned Sole Arbitrator.

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Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA

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HC-KAR

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NC: 2026:KHC:50641 CMP No. 657 of 2025

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CNR: KAHC010747412025

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e) Registry is directed to return all the original documents produced by any of the parties after obtaining Photostat copies of the same.

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f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 13.10.2026 at 11:30 a.m.

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Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA

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(H.T. NARENDRA PRASAD) JUDGE

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HA LIST NO.: 1 SL NO.: 14

Mr. Javeed Ahmed Sait v. M/S Talha Tours and Travels

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Mr. Javeed Ahmed Sait v. M/S Talha Tours and Travels

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