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[Cites 2, Cited by 0]

Karnataka High Court

M/S Venkatesha Education Society vs Dr Ashish Madan Gowari on 2 June, 2022

Author: B. M. Shyam Prasad

Bench: B. M. Shyam Prasad

      IN THE HIGH COURT OF KARNATAKA AT
                  BENGALURU

      DATED THIS THE 2ND DAY OF JUNE 2022

                       BEFORE

 THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

  CIVIL MISCELLANEOUS PETITION NO.523/2021
                     C/W.
CMP NOS. 525/2021, 529/2021,530/2021,531/2021,
532/2021,533/2021,534/2021,535/2021,537/2021

IN CMP NO. 523/2021:

BETWEEN :

1.   M/S VENKATESHA EDUCATION SOCIETY
     A SOCIETY REGISTERED
     UNDER THE MYSORE SOCIETIES
     REGISTRATION ACT 1961
     HAVING ITS REGISTERED
     ADDRESS AT OLD NO. 60/61,
     NEW NO. 106/108
     CHARLES CAMPBELL ROD,
     COX TOWN, BENGALURU-560005
     REPRESENTED THROUGH
     THEIR AUTHORIZED SIGNATORY
     DR M J MOHAN.

2.   MVJ MEDICAL COLLEGE
     RESEARCH HOSPITAL,
     AN ISO 9001: 2015
     CERTIFIED INSTITUTION
     AFFILIATED WITH RAJIV GANDHI
     UNIVERSITY OF HEALTH SCIENCES,
     BENGALURU AND RECOGNISED BY THE
     MEDICAL COUNCIL OF INDIA,
                            2



        NEW DELHI,
        HAVING ADDRESS AT
        30TH KM MILESTONE, NH75
        DANDUPALYA, KOLATHUR POST,
        HOSKOTE BENGALURU-562 114
        REPRESENTED THROUGH
        ITS PRINCIPAL AND AUTHORISED
        SIGNATORY - DR. RAVICHANDER B.
                                         ... PETITIONERS
(BY SRI. NITHIN N., ADVOCATE)
AND :

MANISHA NATH
D/O MINTU NATH
LALGANESH ODALBAKRA LOKNATH
PATH HOME 27
GUWAHATI PIN-781034
ASSAM.
                                     ... RESPONDENT
(RESPONDENT IS SERVED)

      THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER     SEC.11(5)  OF  THE    ARBITRATION  AND
CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT
TO APPOINT AN ARBITRATOR IN ACCORDANCE WITH THE
PROVISIONS OF THE ARBITRATION AND CONCILIATION
ACT 1996, AND CLAUSE 11 OF THE AGREEMENT DATED
29TH SEPTEMBER 2016.

IN CMP NO. 525/2021

BETWEEN :

1.      M/S VENKATESHA EDUCATION SOCIETY
        A SOCIETY REGISTERED UNDER THE
        MYSORE SOCIETIES REGISTRATION ACT 1961
        HAVING ITS REGISTERED
        ADDRESS AT OLD NO. 60/61,
        NEW NO. 106/108
        CHARLES CAMPBELL ROAD,
                           3



        COX TOWN, BENGALURU-560005
        REPRESENTED THROUGH
        THEIR AUTHORIZED SIGNATORY
        DR M J MOHAN.

2.   MVJ MEDICAL COLLEGE RESEARCH HOSPITAL,
     AN ISO 9001: 2015
     CERTIFIED INSTITUTION AFFILIATED WITH
     RAJIV GANDHI UNIVERSITY OF
     HEALTH SCIENCES, BENGALURU
     AND RECOGNISED BY THE
     MEDICAL COUNCIL OF INDIA, NEW DELHI,
     HAVING ADDRESS AT
     30TH KM MILESTONE, NH75
     DANDUPALYA, KOLATHUR POST,
     HOSKOTE BENGALURU-562 114
     REPRESENTED THROUGH ITS
     PRINCIPAL AND AUTHORISED
     SIGNATORY - DR. RAVICHANDER B.
                                    ... PETITIONERS
(BY SRI. NITHIN N., ADVOCATE)

AND :

DEEPTI J A
D/O JAYASHEELAN.C
NO.476/A, 3RD CROSS
2ND E MAIN MUTHYALNAGAR
BENGALURU- 560054
                                     ... RESPONDENT

(BY SRI ARAVIND KAMATH P., ADV.)


      THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER     SEC.11(6)  OF  THE    ARBITRATION  AND
CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT
TO APPOINT AN ARBITRATOR IN ACCORDANCE WITH THE
PROVISIONS OF THE ARBITRATION AND CONCILIATION
ACT 1996, AND CLAUSE 11 OF THE AGREEMENT DATED
15TH JANUARY 2020.
                            4



IN CMP NO. 529/2021

BETWEEN :

1.      M/S VENKATESHA EDUCATION SOCIETY
        A SOCIETY REGISTERED UNDER THE
        MYSORE SOCIETIES REGISTRATION ACT 1961
        HAVING ITS REGISTERED
        ADDRESS AT
        OLD NO. 60/61, NEW NO. 106/108
        CHARLES CAMPBELL ROD,
        COX TOWN, BENGALURU-560005
        REPRESENTED THROUGH
        THEIR AUTHORIZED SIGNATORY
        DR M J MOHAN.

2.   MVJ MEDICAL COLLEGE RESEARCH
     HOSPITAL, AN ISO 9001: 2015
     CERTIFIED INSTITUTION AFFILIATED
     WITH RAJIV GANDHI UNIVERSITY OF
     HEALTH SCIENCES, BENGALURU
     AND RECOGNISED BY THE MEDICAL
     COUNCIL OF INDIA, NEW DELHI,
     HAVING ADDRESS AT
     30TH KM MILESTONE, NH75
     DANDUPALYA, KOLATHUR POST,
     HOSKOTE BENGALURU-562 114
     REPRESENTED THROUGH ITS
     PRINCIPAL AND AUTHORISED
     SIGNATORY - DR. RAVICHANDER B.
                                    ... PETITIONERS
(BY SRI. NITHIN N., ADVOCATE)

AND :

DR ASHISH MADAN GOWARI
S/O MADAN GANPAT GOWA
RIDDHI SIDDHI RESIDENCY
B 1304 PLOT NO 53 A
SECTOR 3 NEW PANVEL NAVY
                         5



MUMBAI 410206,
MAHARASHTRA.
                                    ... RESPONDENT
(BY SRI. M.B.RAVIKUMAR, ADVOCATE)

      THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER     SEC.11(6)  OF  THE    ARBITRATION  AND
CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT
TO APPOINT AN ARBITRATOR IN ACCORDANCE WITH THE
PROVISIONS OF THE ARBITRATION AND CONCILIATION
ACT 1996, AND CLAUSE 11 OF THE AGREEMENT DATED
27TH MAY 2017.

IN CMP NO. 530/2021

BETWEEN :

1.   M/S VENKATESHA EDUCATION SOCIETY
     A SOCIETY REGISTERED UNDER THE
     MYSORE SOCIETIES REGISTRATION ACT 1961
     HAVING ITS REGISTERED
     ADDRESS AT OLD NO. 60/61,
     NEW NO. 106/108
     CHARLES CAMPBELL ROD,
     COX TOWN, BENGALURU-560005
     REPRESENTED THROUGH
     THEIR AUTHORIZED SIGNATORY
     DR M J MOHAN.

2.   MVJ MEDICAL COLLEGE RESEARCH HOSPITAL,
     AN ISO 9001: 2015 CERTIFIED
     INSTITUTION AFFILIATED WITH
     RAJIV GANDHI UNIVERSITY OF
     HEALTH SCIENCES, BENGALURU
     AND RECOGNISED BY THE MEDICAL
     COUNCIL OF INDIA, NEW DELHI,
     HAVING ADDRESS AT
     30TH KM MILESTONE, NH75
     DANDUPALYA, KOLATHUR POST,
     HOSKOTE BENGALURU-562 114
                            6



        REPRESENTED THROUGH
        ITS PRINCIPAL AND AUTHORISED
        SIGNATORY - DR. RAVICHANDER B.
                                         ... PETITIONERS
(BY SRI. NITHIN N., ADVOCATE)

AND :

SURESH J
S/O G JAYARAMAN
NO 342/96, MALANG ROAD
KHADERPET
VANIYAMBADI VELLORE
TAMIL NADU PINCODE 633751
                                         ... RESPONDENT
(RESPONDENT SERVED)

      THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER     SEC.11(6)  OF  THE    ARBITRATION  AND
CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT
TO APPOINT AN ARBITRATOR IN ACCORDANCE WITH THE
PROVISIONS OF THE ARBITRATION AND CONCILIATION
ACT 1996, AND CLAUSE 11 OF THE AGREEMENT DATED
24TH SEPTEMBER 2015.

IN CMP NO. 531/2021

BETWEEN :

1.      M/S VENKATESHA EDUCATION SOCIETY
        A SOCIETY REGISTERED UNDER THE
        MYSORE SOCIETIES REGISTRATION ACT 1961
        HAVING ITS REGISTERED
        ADDRESS AT OLD NO. 60/61,
        NEW NO. 106/108
        CHARLES CAMPBELL ROD,
        COX TOWN, BENGALURU-560005
        REPRESENTED THROUGH THEIR
        AUTHORIZED SIGNATORY - DR M J MOHAN.
                           7



2.   MVJ MEDICAL COLLEGE RESEARCH
     HOSPITAL, AN ISO 9001: 2015 CERTIFIED
     INSTITUTION AFFILIATED WITH RAJIV
     GANDHI UNIVERSITY OF HEALTH
     SCIENCES, BENGALURU AND
     RECOGNISED BY
     THE MEDICAL COUNCIL OF INDIA,
     NEW DELHI,
     HAVING ADDRESS AT
     30TH KM MILESTONE, NH75
     DANDUPALYA, KOLATHUR POST,
     HOSKOTE BENGALURU-562 114
     REPRESENTED THROUGH ITS
     PRINCIPAL AND AUTHORISED
     SIGNATORY - DR. RAVICHANDER B.
                                     ... PETITIONERS
(BY SRI. NITHIN N., ADVOCATE)

AND :

DR ANISHA CHOUDHARY
D/O PREHLAD SINGH CHOUDHARY
H NO. 954 SECTOR 8
FARIDABAD 121006, HARYANA
                                      ... RESPONDENT
(BY SRI PANCHAM R.D., ADVOCATE)

      THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER     SEC.11(6)  OF  THE    ARBITRATION  AND
CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT
TO APPOINT AN ARBITRATOR IN ACCORDANCE WITH THE
PROVISIONS OF THE ARBITRATION AND CONCILIATION
ACT 1996, AND CLAUSE 11 OF THE AGREEMENT DATED
27TH APRIL 2016.

IN CMP NO. 532/2021
BETWEEN :

1.      M/S VENKATESHA EDUCATION SOCIETY
        A SOCIETY REGISTERED UNDER
                            8



        THE MYSORE SOCIETIES
        REGISTRATION ACT 1961
        HAVING ITS REGISTERED
        ADDRESS AT OLD NO. 60/61,
        NEW NO. 106/108
        CHARLES CAMPBELL ROD,
        COX TOWN, BENGALURU-560005
        REPRESENTED THROUGH
        THEIR AUTHORIZED SIGNATORY
        DR M J MOHAN.

2.      MVJ MEDICAL COLLEGE
        RESEARCH HOSPITAL,
        AN ISO 9001: 2015
        CERTIFIED INSTITUTION
        AFFILIATED WITH
        RAJIV GANDHI UNIVERSITY OF
        HEALTH SCIENCES, BENGALURU
        AND RECOGNISED BY THE
        MEDICAL COUNCIL OF INDIA,
        NEW DELHI,
        HAVING ADDRESS AT
        30TH KM MILESTONE, NH75
        DANDUPALYA, KOLATHUR POST,
        HOSKOTE BENGALURU-562 114
        REPRESENTED THROUGH ITS
        PRINCIPAL AND AUTHORISED
        SIGNATORY - DR. RAVICHANDER B.
                                         ... PETITIONERS
(BY SRI NITHIN N., ADVOCATE)

AND :

SHAIK HAMZA MOHAMMED IDQBAAL
S./O SHAIK MOHAMMED IQBAAL BASHEER
CHAITANYA NAGAR SAWEDI
AHMADHANAGAR
MAHARASHTRA PINCODE 414003
                                 ... RESPONDENT
(RESPONDENT SERVED)
                          9



      THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER     SEC.11(6)  OF  THE    ARBITRATION  AND
CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT
TO APPOINT AN ARBITRATOR IN ACCORDANCE WITH THE
PROVISIONS OF THE ARBITRATION AND CONCILIATION
ACT 1996, AND CLAUSE 11 OF THE AGREEMENT DATED
29TH SEPTEMBER 2015.

IN CMP NO. 533/2021

BETWEEN:

1.   M/S VENKATESHA EDUCATION SOCIETY
     A SOCIETY REGISTERED UNDER
     THE MYSORE SOCIETIES
     REGISTRATION ACT 1961
     HAVING ITS REGISTERED
     ADDRESS AT OLD NO. 60/61,
     NEW NO. 106/108
     CHARLES CAMPBELL ROD,
     COX TOWN, BENGALURU-560005
     REPRESENTED THROUGH
     THEIR AUTHORIZED SIGNATORY
     DR M J MOHAN.

2.   MVJ MEDICAL COLLEGE RESEARCH HOSPITAL,
     AN ISO 9001: 2015 CERTIFIED
     INSTITUTION AFFILIATED WITH
     RAJIV GANDHI UNIVERSITY OF
     HEALTH SCIENCES, BENGALURU
     AND RECOGNISED BY THE
     MEDICAL COUNCIL OF INDIA, NEW DELHI,
     HAVING ADDRESS AT
     30TH KM MILESTONE, NH75
     DANDUPALYA, KOLATHUR POST,
     HOSKOTE BENGALURU-562 114
     REPRESENTED THROUGH ITS
     PRINCIPAL AND AUTHORISED
     SIGNATORY - DR. RAVICHANDER B.
                                    ... PETITIONERS
(BY SRI. NITHIN N., ADVOCATE)
                             10



AND :

PADMAVATHI NARENDRA NAYAK
D/O. NARENDRA R NAYAK
NO.666, 15TH MAIN, 38TH CROSS,
SAI VIDYA KENDRA,
JAYANAGAR 4TH T BLOCK
BANGALORE-560041
                                    ... RESPONDENT
(BY SRI. SANDEEP S. NARAYAN, ADVOCATE)

      THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER     SEC.11(6)  OF  THE    ARBITRATION  AND
CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT
TO APPOINT AN ARBITRATOR IN ACCORDANCE WITH THE
PROVISIONS OF THE ARBITRATION AND CONCILIATION
ACT 1996, AND CLAUSE 11 OF THE AGREEMENT DATED
29TH AUGUST 2017.

IN CMP NO. 534/2021

BETWEEN :

1.      M/S VENKATESHA EDUCATION SOCIETY
        A SOCIETY REGISTERED UNDER THE
        MYSORE SOCIETIES REGISTRATION ACT 1961
        HAVING ITS REGISTERED
        ADDRESS AT OLD NO. 60/61,
        NEW NO. 106/108
        CHARLES CAMPBELL ROD,
        COX TOWN, BENGALURU-560005
        REPRESENTED THROUGH
        THEIR AUTHORIZED SIGNATORY
        DR M J MOHAN.

2.      MVJ MEDICAL COLLEGE RESEARCH
        HOSPITAL, AN ISO 9001: 2015 CERTIFIED
        INSTITUTION AFFILIATED WITH
        RAJIV GANDHI UNIVERSITY OF
        HEALTH SCIENCES, BENGALURU
                            11



        AND RECOGNISED BY THE
        MEDICAL COUNCIL OF INDIA,
        NEW DELHI,
        HAVING ADDRESS AT
        30TH KM MILESTONE, NH75
        DANDUPALYA, KOLATHUR POST,
        HOSKOTE BENGALURU-562 114
        REPRESENTED THROUGH ITS
        PRINCIPAL AND AUTHORISED
        SIGNATORY - DR. RAVICHANDER B.
                                         ... PETITIONERS
(BY SRI NITHIN N., ADVOCATE)

AND :

JENISH RANI
D/O G T ROBINSON
KOLLAKUDIVLAI, EATHAVILALI
MEKKAMANDAPAM (P)
KANKYAKUMARI, TAMIL NADU
PINCODE 629166.
                                         ... RESPONDENT
(RESPONDENT SERVED)

      THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER     SEC.11(6)  OF  THE    ARBITRATION  AND
CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT
TO APPOINT AN ARBITRATOR IN ACCORDANCE WITH THE
PROVISIONS OF THE ARBITRATION AND CONCILIATION
ACT 1996, AND CLAUSE 11 OF THE AGREEMENT DATED
28TH SEPTEMBER 2015.

IN CMP NO. 535/2021

BETWEEN :

1.      M/S VENKATESHA EDUCATION SOCIETY
        A SOCIETY REGISTERED
        UNDER THE MYSORE SOCIETIES
        REGISTRATION ACT 1961
        HAVING ITS REGISTERED ADDRESS AT
                           12



        OLD NO. 60/61, NEW NO. 106/108
        CHARLES CAMPBELL ROD,
        COX TOWN, BENGALURU-560005
        REPRESENTED THROUGH THEIR
        AUTHORIZED SIGNATORY - DR M J MOHAN.

2.   MVJ MEDICAL COLLEGE RESEARCH
     HOSPITAL, AN ISO 9001: 2015 CERTIFIED
     INSTITUTION AFFILIATED WITH RAJIV
      GANDHI UNIVERSITY OF HEALTH SCIENCES,
     BENGALURU AND RECOGNISED BY THE
     MEDICAL COUNCIL OF INDIA, NEW DELHI,
     HAVING ADDRESS AT
     30TH KM MILESTONE, NH75
     DANDUPALYA, KOLATHUR POST,
     HOSKOTE BENGALURU-562 114
     REPRESENTED THROUGH ITS
     PRINCIPAL AND AUTHORISED
     SIGNATORY - DR. RAVICHANDER B.
                                     ... PETITIONERS
(BY SRI. NITHIN N., ADVOCATE)

AND :

HARSHA B N
S/O NAGARAJU B K
BHKTHARAHALLI, NADAVATHI POST
KADUGODI VIN, HOSKOTE TQ
BENGALURU 560067
                                      ... RESPONDENT
(BY SRI. H.V.RAJARAM, ADVOCATE)

      THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER     SEC.11(6)  OF  THE    ARBITRATION  AND
CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT
TO APPOINT AN ARBITRATOR IN ACCORDANCE WITH THE
PROVISIONS OF THE ARBITRATION AND CONCILIATION
ACT 1996, AND CLAUSE 11 OF THE AGREEMENT DATED
31ST AUGUST 2018.
                           13



IN CMP NO. 537/2021
BETWEEN:

1.      M/S VENKATESHA EDUCATION SOCIETY
        A SOCIETY REGISTERED UNDER
        THE MYSORE SOCIETIES REGISTRATION
        ACT 1961 HAVING ITS REGISTERED
        ADDRESS AT OLD NO. 60/61,
        NEW NO. 106/108
        CHARLES CAMPBELL ROD,
        COX TOWN, BENGALURU-560005
        REPRESENTED THROUGH
        THEIR AUTHORIZED SIGNATORY
        DR M J MOHAN.

2.   MVJ MEDICAL COLLEGE RESEARCH
     HOSPITAL, AN ISO 9001: 2015
     CERTIFIED INSTITUTION AFFILIATED
     WITH RAJIV GANDHI UNIVERSITY OF
     HEALTH SCIENCES, BENGALURU
     AND RECOGNISED BY THE MEDICAL
     COUNCIL OF INDIA, NEW DELHI,
     HAVING ADDRESS AT
     30TH KM MILESTONE, NH75
     DANDUPALYA, KOLATHUR POST,
     HOSKOTE BENGALURU-562 114
     REPRESENTED THROUGH ITS PRINCIPAL
     AND AUTHORISED SIGNATORY
     DR. RAVICHANDER B.
                                    ... PETITIONERS
(BY SRI. NITHIN N., ADVOCATE)

AND :

SARANYAA RAMESH
D/O RAMMESH SUBRAMANIAN
R/AT 258, COFFEE BOARD LAYOUT
3RD MAIN KEMPAPURA
HEBBAL, BENGALURU 560024
                                     ... RESPONDENT
(RESPONDENT SERVED)
                            14



      THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER     SEC.11(6)  OF  THE    ARBITRATION  AND
CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT
TO APPOINT AN ARBITRATOR IN ACCORDANCE WITH THE
PROVISIONS OF THE ARBITRATION AND CONCILIATION
ACT 1996, AND CLAUSE 11 OF THE AGREEMENT DATED
17TH AUGUST 2019.

     THESE PETITIONS COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:


                       ORDER

The respondents have filed their respective applications for admission to either MBBS or Post Graduate Courses, and these applications are for admission to these courses in the different academic years from 2015-16. The petitioners, relying upon the terms of the applications filed by these respondents for their corresponding admissions, contend that each of the respondents have agreed to pay "full course fee" even in the event they discontinue the course before the expiry of the course period or seek transfer to any other Institution or if expelled from the Institution. Each of the respondents has signed the application that 15 contains a clause for arbitration subject to the provisions of the Arbitration and Conciliation Act, 1996 [for short, 'the Act'] with the venue for arbitration being at Bengaluru. The respondents, for different reasons, have not completed the respective courses and have also defaulted in paying the "full course fee" and therefore, respective individual notices have been issued for claims and for commencement of proceedings under Section 21 of the Act. The respondents have not responded to such notices.

2. The learned counsel for the petitioners relying upon these circumstances, which are borne out by the records produced along with the memorandum of the petitions, submits that the petitioners are able to establish a live dispute and an agreement for resolution of such dispute by arbitration with each of the respondents, and the failure of consensus for appointment of a sole Arbitrator. The learned counsel 16 also submits that this Court, in similar circumstances, has allowed the petition in CMP No.526/2021 [which is disposed of on 5.4.2022] appointing Sri.Ashok L. Pujar, a retired District Judge, as the sole arbitrator to enter reference of the dispute and conduct proceedings at Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

3. The respondents have mostly remained absent but are represented in CMP Nos.525/2021, 529/2021, 531/2021, 533/2021 and 535/2021. The primary objections, material for the purpose of a decision in these petitions, is based on the University Grants Commission's (UGC) Notification issued in the month of October 2018 for the Refund of Fees and - Retention of the original certificates by Higher Educational Institutions in continuation of the University Grants Commission [Grievance Redressal] Regulations, 2012. It is contended that the UGC has issued this 17 Notification to prohibit coercion and profiteering by educational institutions in refusing refund of fees and retaining the original Certificates which are handed over at the time of or after admission in the case of withdrawal from a course. It is contended that a redressal mechanism is also contemplated under this notification and therefore, the petitioners cannot insist on the terms of the applications or invoke the arbitration clause in the applications.

4. The respondents' opposition to the petitions is considered on perusal of the Notification issued by the UGC in the month of October 2018. Prima facie, the Notification relates to failure of refund of fee and retention of the original records and does not cover the contractual obligations asserted by the petitioners based on the contents of the applications. In any event, the respondents' objections, if any, in this regard must necessarily be considered by the Arbitral Tribunal and 18 these objections cannot stall the initiation of the arbitration proceedings with the petitioners establishing an agreement for arbitration, a current dispute and the demand for constitution of the Arbitral Tribunal. Therefore, this Court is of the considered view that Sri.Ashok L Pujar, a retired District Judge, who is already appointed as a sole Arbitrator in CMP No.526/2021 disposed of on 5.4.2022, must be appointed to enter reference of each of the disputes and conduct proceedings in Arbitration and Conciliation Centre (Domestic and International), Bengaluru. Hence, the following:

ORDER [a] The petitions are allowed;
[b] Sri. Ashok L Pujar, retired District Judge, No.760, Someswhawar, 14th Main, Judicial Layout, G.K.V.K. Post, Bengaluru -560 065, is appointed as the sole Arbitrator to enter reference 19 of the dispute between the petitioners and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration and Conciliation Centre (Domestic and International), Bengaluru; [c] The Registry is directed to communicate this order to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, and Sri.Ashok L Pujar, retired District Judge, No.760, Someswhawar, 14th Main, Judicial Layout, G.K.V.K. Post, Bengaluru -560 065, as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.
SD/-
JUDGE AN/-