- 1 - HC-KAR NC: 2025:KHC:19581 CMP No. 8 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 8 OF 2023 BETWEEN: 1. MR. RAGHU NALLAMUTHU, SON OF MR. P.S. NALLAMUTHU, AGED ABOUT 56 YEARS, 2. MRS. SAVITHA RAGHU, WIFE OF MR. RAGHU NALLAMUTHU, AGED ABOUT 51 YEARS, BOTH RESIDING AT FLAT NO.122, SECOND FLOOR, EMBASSY ESPANA, NO.5, COMMISSARIAT ROAD, BANGALORE- 560 025. …PETITIONERS (BY SRI. RAMESH T, ADVOCATE) AND: 1. MR. JITENDRA VIRWANI, S/O MR. MOHAN VIRWANI, AGED ABOUT 55 YEARS, RESIDING AT NO. 332, EMBASSY WOODS, 6A, CUNNINGHAM ROAD, BANGALORE - 560 052. 2. MRS. VANDANA VIRWANI, WIFE OF MR. JITENDRA VIRWANI, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19581 CMP No. 8 of 2023 AGED ABOUT 55 YEARS, RESIDING AT NO.332, EMBASSY WOODS, 6A, CUNNINGHAM ROAD, BANGALORE - 560 052. 3. MRS. RAMILA SANGHVI, WIFE OF LATE ANANT L. SANGHVI, AGED MAJOR, 4. DR. CHINTAN SANGHVI D/O LATE ANANT L. SANGHVI, AGED MAJOR, 5. DR. DARSHANA SANGHVI, DAUGHTER OF LATE ANANT L. SANGHVI, AGED MAJOR. NOS. 3, 4 AND 5 ARE RESIDING AT R/AT NO.1402/1303, EVEREST CHAMBERS, MOUNT PLEASANT ROAD, WALKESHWAR, MUMBAI - 400 006. 6. KARAN VIRWANI TRUST ( HUF ) ( BOTH REPRESENTED BY THEIR TRUSTEE MR. JITENDRA VIRWANI ) NO. 332, EMBASSY WOODS, 6A CUNNINGHAM ROAD, BANGALORE - 560 052. 7. ADITYA VIRWANI TRUST ( HUF ), (BOTH REPRESENTED BY THEIR TRUSTEE MR. JITENDRA VIRWANI ) NO. 332, EMBASSY WOODS, 6A, CUNNINGHAM ROAD, BANGALORE - 560 052. - 3 - HC-KAR NC: 2025:KHC:19581 CMP No. 8 of 2023 8. DYNASTY STOCK HOLDINGS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO. 150, 1ST FLOOR, EMBASSY POINT, INFANTRY ROAD, BANGALORE - 560 001 (REPRESENTED BY ITS DIRECTOR, MR. JITENDRA VIRWANI ) 9. MR. ARJUN MANGALORKAR, SON OF LATE M.B. MANGALORKAR, AGED MAJOR, RESIDING AT FLAT NO. 203, EMBASSY ESPANA, NO.5, COMMISSARIAT ROAD, BANGALORE - 560 025. 10. MR. RAMAN MANGALORKAR, SON OF LATE M.B. MANGALORKAR, AGED MAJOR, RESIDING AT FLAT NO.201, EMBASSY ESPANA, NO.5, COMMISSARIAT ROAD, BANGALORE - 560 025. …RESPONDENTS (BY SMT. MANEESHA KONGOVI, ADVOCATE FOR R1 TO R8; R9 AND R10 ARE SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC. 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO a) TO CONSTITUTE AN ARBITRAL TRIBUNAL BY THE APPOINTMENT OF SRI. I.S. ANTIN, RETIRED DISTRICT JUDGE, OR ANY OTHER FIT AND PROPER PERSON, AS A SOLE ARBITRATOR FOR THE RESOLUTION OF DISPUTES AND CLAIMS THAT HAVE ARISEN BETWEEN THE PARTIES UNDER THE AFORESAID TWO AGREEMENTS FOR ASSIGNMENT - 4 - HC-KAR NC: 2025:KHC:19581 CMP No. 8 of 2023 DATED 28TH APRIL 2001 (ENCLOSED IN ANNEXURES A AND B HERETO) THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER This petition is to appoint a sole arbitrator. The learned counsel for the parties are heard with the learned counsel for the petitioners asserting that all the respondents will have to ensure that there is due transfer of the subject property under the agreement for assignment and construction. This Court must observe that there is no dispute about the existence of an arbitral dispute inter se the petitioners and the respondents and the agreement for resolution of such dispute by arbitration. In fact, the learned counsels unanimously submit that Sri. I.S. Antin, a retired District Judge, could be appointed as a sole arbitrator. Hence, the following: - 5 - HC-KAR NC: 2025:KHC:19581 CMP No. 8 of 2023 ORDER [a] The petition is allowed and Sri. I.S. Antin, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioners and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. [b] The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Sri I.S. Antin, a retired District Judge, Address: No.23, ‘Basava’, Venkatappa Road, Taskar Town, Off.Queens Road, Bengaluru – 560 051. [e-mail: isantin51@gmail.com] as required under the Appointment of Arbitrators by the Chief - 6 - HC-KAR NC: 2025:KHC:19581 CMP No. 8 of 2023 Justice of Karnataka High Court Scheme, 1996. [c] The registry is directed to return the original of the agreement for assignment and construction as also all the other annexures to the learned counsel for the petitioners subject to the learned counsel furnishing photocopies of these documents. Sd/- (B M SHYAM PRASAD) JUDGE NG