- 1 - NC: 2025:KHC:2043 CMP No. 173 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 173 OF 2024 BETWEEN: 1. MR. MAHENDRA MISHRA S/O LATE SRI.R.D. MISHRA AGED ABOUT 47 YEARS R/AT PLOT NO.188 I MAIN, 4TH CROSS CENTRAL EXCISE LAYOUT BHOOPASANDRA, RMV EXTN. BANGALORE-560 094. …PETITIONER (BY SRI. MUJTABA .H, ADVOCATE) AND: 1. MRS. ANNABELLE FERNANDES @ MRS ANNABELLE MANWARING DAUGHTER OF LATE JOAN MARY FERNANDES AND LATE MR. P. J. FERNANDES AGED ABOUT 66 YEARS RESIDING AT NO. 20/3 MARIANPALYA MAIN ROAD COFFEE BOARD LAYOUT KEMPAPURA, HEBBAL BANGALORE-560 024. 2. MRS. LOUIS FERNANDES @ LOUIS KHRUSHID DAUGHTER OF LATE JOAN MARY FERNANDES AND LATE MR. P. J. FERNANDES AGED ABOUT 62 YEARS RESIDING AT NO. 20/3 MARIANPALYA MAIN ROAD Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2043 CMP No. 173 of 2024 COFFEE BOARD LAYOUT KEMPAPURA, HEBBAL BANGALORE-560 024. 3. MRS. SUSAN FERNANDES WIFE OF LATE. ASHOK FERNANDES DAUGHTER IN LAW OF LATE JOAN MARY FERNANDES AND LATE MR. P. J. FERNANDES AGED ABOUT 62 YEARS RESIDING AT NO. 20/3 MARIANPALYA MAIN ROAD COFFEE BOARD LAYOUT KEMPAPURA, HEBBAL BANGALORE-560 024. 4. MS. TARA FERNANDES DAUGHTER OF LATE ASHOK FERNANDES AGED ABOUT 26 YEARS RESIDING AT NO. 20/3 MARIANPALYA MAIN ROAD COFFEE BOARD LAYOUT KEMPAPURA, HEBBAL BANGALORE-560 024. 5. MR. ADITYA FERNANDES DAUGHTER OF LATE ASHOK FERNANDES AGED ABOUT 24 YEARS RESIDING AT NO. 20/3 MARIANPALYA MAIN ROAD COFFEE BOARD LAYOUT KEMPAPURA, HEBBAL BANGALORE-560 024. 6. MS. NIKHIL FERNANDES DAUGHTER OF LATE ASHOK FERNANDES AGED ABOUT 23 YEARS RESIDING AT NO. 20/3 MARIANPALYA MAIN ROAD COFFEE BOARD LAYOUT KEMPAPURA, HEBBAL BANGALORE-560 024. - 3 - NC: 2025:KHC:2043 CMP No. 173 of 2024 7. PRAXY FERNANDES MEMORIAL TRUST A REGISTERED TRUST CARE OF DELHI PUBLIC SCHOOL HAVING ITS OFFICE AT SURVEY NO. 119/2, 123, 124 K MALLASANDRA VILLAGE, HOSKOTE TALUK BANGALORE-560 067. REP. BY ITS MANAGING TRUSTEE MRS. ANNABELLE FERNANDES …RESPONDENTS (BY SRI. AJAY KADKOL .T, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE/RESOLVE THE DISPUTES AND DIFFERENCES ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS IN RELATION TO THE AGREEMENT OF SALE DATED 12/09/2017 (ANNEXURE A), IN TERMS OF CLAUSE 9 OF THE AGREEMENT OF SALE DATED 12.09.2017 VIDE ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking appointment of sole Arbitrator to resolve the dispute and difference between the parties in terms of agreement of sale dated 12.09.2017 evidenced at Annexure-A. - 4 - NC: 2025:KHC:2043 CMP No. 173 of 2024 2. After receipt of notice, the respondents have tendered appearance through learned counsel. 3. The petitioner claims to have entered into an agreement of sale with Mrs. Joan Mary Fernandes on 12.09.2017. Under this agreement, Mrs. Fernandes agreed to sell Item No.6 of the suit schedule properties to the petitioner for a total consideration of Rs.1,00,00,000/-. As part of this agreement, the petitioner paid an advance amount of Rs.10,00,000/-. 4. Respondent No.1, the daughter of Mrs. Fernandes, acted as a consenting witness to the agreement. The petitioner asserts that despite multiple requests to complete the transaction by receiving the balance sale consideration, Mrs. Fernandes failed to respond. Subsequently, a legal notice was issued to her on 28.06.2021. Following her demise, the petitioner issued a second notice on 17.01.2024, addressed to her legal heirs, including the respondents herein, requesting them to execute the sale deed and fulfill the terms of the - 5 - NC: 2025:KHC:2043 CMP No. 173 of 2024 agreement. As the respondents allegedly refused to comply, the petitioner invoked Clause (9) of the agreement, which contains an arbitration clause, and suggested an arbitrator. 5. The respondents failed to reply to the petitioner’s notice, prompting the petitioner to formally invoke the arbitration clause through a notice issued on 17.01.2024. 6. In their objections, the respondents challenged the survivability of the arbitration agreement, citing the demise of the original signatory. They further contend that the property in question is a trust property dedicated to charitable purposes, alleging that the agreement is fraudulent and fabricated. The respondents assert that the matter involves significant public interest and rights, which necessitate adjudication by a competent Civil Court. 7. After a thorough review of the petition, annexures, and supporting documents, this Court is - 6 - NC: 2025:KHC:2043 CMP No. 173 of 2024 satisfied that the petitioner has met the procedural requirements outlined under Section 11(4) of the Arbitration and Conciliation Act. Consequently, the objections raised by the respondents, including allegations of fraud and misrepresentation, require examination by the Arbitrator. 8. In the light of the aforesaid clause of arbitration and the contentions advanced by the petitioner and respondents, this Court proceeds to pass the following: ORDER (i) Civil Miscellaneous Petition is allowed appointing Sri A.V.Chandrashekar, Former Judge, High Court of Karnataka as the sole Arbitrator to enter reference of the disputes between the petitioner and the respondents and conduct proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre; (ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings; - 7 - NC: 2025:KHC:2043 CMP No. 173 of 2024 (iii) Office is directed to communicate this order to the Arbitration and Conciliation Centre and to Sri. A.V.Chandrashekar, Former Judge, High Court of Karnataka, as required under the Arbitration and Conciliation Centre Rules, 2012; (iv) Registry is directed to forthwith return the original agreement of sale furnished along with this petition after obtaining Photostat copy of the same. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 38