- 1 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 223 OF 2024 BETWEEN: 1. MR R ARAVIND S/O LATE H V RAMDAS AGED ABOUT 43 YEARS 2. SMT PAVITHRA W/O MR R ARAVIND AGED ABOUT 39 YEARS 3. KUM JANANYA AGED ABOUT 17 YEARS 4. CHI MONISH AGED ABOUT 16 YEARS PETITIONERS 3 & 4 ARE MINORS REPRESENTED BY FATHER AND NATURAL GUARDIAN MR R ARAVIND ALL ARE RESIDENTS OF WARD NO 22 VARADAPURA VILLAGE, KASABA HOBLI, KOSAKOTE TOWN, HOSAKOTE TALUK BENGALURU RURAL DISTRICT 562114 PETITIONERS 1 TO 4 ARE JOINT OWNERS 5. SMT YELLAMMA W/O MR H V RAMADAS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 AGED ABOUT 76 YEARS RESIDENT OF WARD NO 22 VARADAPURA VILLAGE, KASABA HOBLI, HOSAKOTE TOWN, HOSAKOTE TALUK BENGALURU RURAL DISTRICT 562114 …PETITIONERS (BY SMT. PANKAJAKSHI R., ADVOCATE) AND: 1. M/S SUPRA INFRASTRUCTURES NO 38/1, SSD PARADISE APARTMENT, 10TH CROSS, 1ST MAIN, KATHRIGUPPE, BSK 3RD STAGE, BANGALORE 560085 REPRESENTED BY ITS PARTNERS, SRI SRINIVASA MURTHY R S/O SRI RANGASWAMY AGED ABOUT 47 YEARS 2. SRI S JAYARAMA SHETTY S/O SRI BHOJA SHETTY AGED ABOUT 57 YEARS AND ALSO BOTH ARE R/AT CHOWDESHWARI RESIDENCY, NO 3, 1ST MAIN, POORNAPRAGNA LAYOUT, BSK 3RD STAGE, KATHRIGUPPE BENGALURU 85 …RESPONDENTS (V/D DATED 03.06.2025 SERVICE OF NOTICE TO R1 & R2 IS H/S) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AND NOMINATE ONE ARBITRATOR FROM RESPONDENTS SIDE IN TERMS OF THE ARBITRATION CLAUSE -20 OF THE TWO REGISTERED JOINT DEVELOPMENT AGREEMENTS DATED 16.9.2014 REGISTERED AS DEED - 3 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 NO.HSK-1-04278-2014-15, STORED IN CD NO. HSKD 467 OF BOOK-1, DATED 7.10.2014 REGISTERED AS DEED NO.HSK-1- 04675-2014-15, STORED IN CD NO.HSKD 469 OF BOOK-1 AT ANNEXURE-A AND B FOR ADJUDICATING THE ARBITRAL DISPUTE THAT HAVE ARISEN BETWEEN THE PETITIONERS AND RESPONDENTS TO SERVE THE INTEREST OF JUSTICE AND EQUITY AND GRANT SUCH OTHER RELIEFS THAT THIS HONBLE COURT DEEMS IT FIT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL ORDER 1. This Civil Miscellaneous petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (For short, “the Act”) for the appointment of an Arbitrator to resolve the dispute between the petitioners and respondents, in terms of Clause (20) of the registered Joint Development Agreements dated 16.09.2014 and 07.10.2014 vide Annexures “A” and “C”. 2. The brief facts, leading rise to filing of this petition are as follows: - 4 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 3. The petitioners are the owners of the lands bearing Sy.No.155/2 measuring 05 guntas, Sy.No.155/3 measuring 06 guntas; Sy.No.158 measuring 03 acres; and Sy.No.149/5 measuring 15 guntas situated at Hosakote Village, Kasaba Hobli, Hosakote Taluk, Bengaluru Rural District, having acquired the same under the registered Partition Deed dated 26.06.1995. 4. The petitioners entered into two Joint Development Agreements, dated 16.09.2014 and 07.10.2014, vide Annexures “A” and “C” as well as General Power of Attorneys, registered on 16.09.2014 and 07.10.2014 in favour of the respondents. There is an arbitration clause in the Joint Development Agreements, dated 16.09.2014 and 07.10.2014 with the respondents, as well as General Power of Attorneys dated 16.09.2014 and 07.10.2014 in favour of the respondents. - 5 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 5. Subsequently, the petitioners have terminated the said registered Joint Development Agreements as well as the General Power of Attorneys, and have also executed all necessary cancellation documents regarding the aforementioned agreements, and the General Power of Attorneys. The respondents are accustomed to changing their addresses. The petitioners issued a notice dated 29.05.2023 calling upon the respondents to pay damages and execution of cancellation documents regarding Joint Development Agreements as well as General Power of Attorneys. 6. The petitioners issued a second notice under Section 8 of the Act on 17.11.2023. The petitioner issued notices on 29.05.2023 and 17.11.2023, however, the postal covers were returned un- served, with an endorsement as “no such person”. The petitioners took out a paper publication in two newspapers, i.e., The New Indian Express, Morning - 6 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 Herald and Kannada Prabha, on 18.11.2023, and it is deemed to have been served personally on the respondents. Hence, the petitioners pray to allow the petition. 7. Though, the notice of this petition was issued to the respondents, and despite service of the notice, the respondents remained unrepresented. 8. Heard the arguments of the learned counsel for the petitioners. 9. The learned counsel for the petitioners submitted that the petitioners have entered into two Joint Development Agreements with the respondents, and also General Power of Attorneys were executed. The respondents did not perform their part of the contract. Learned counsel submitted that there is an arbitration clause in the Joint Development Agreements. The petitioners invoked the said arbitration clauses by issuing a notice. However, the - 7 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 respondents are accustomed to changing their addresses, and the postal covers were being returned with an endorsement, as “no such person”. 10. She submitted that the petitioners have taken out a notice in the daily newspapers. The respondents did not turn up, and hence, the dispute arose between the parties, and the same has to be resolved through arbitration. Accordingly, she prays to allow the petition. 11. Perused the records, and considered the submissions of the learned counsel for the petitioners. 12. The point that arises for consideration in this petition is: “Whether the petitioners have made out a ground to refer the dispute to the arbitrator in terms of Clause (20) of the registered Joint Development Agreements dated - 8 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 16.09.2014 and 07.10.2014, under the Arbitration and Conciliation Act, 1996?” 13. At the outset, there is no dispute regarding to the execution of two Joint Development Agreements between the petitioners and the respondents, nor is there any dispute regarding the arbitration clause in those agreements. The arbitration clauses in the registered Joint Development Agreements dated 16.09.2014 and 07.10.2014, read as follows: A. Joint Development Agreement dated 16.09.2014: “ARBITRATION: In the event of any disputes between the parties hereto relating to the matters mentioned above, the same shall be resolved through Arbitration as per the provisions of the Arbitration and conciliation Act, 1996 and the statutory modifications thereof, by appointment of one Arbitrator by the OWNERS and one by the DEVELOPERS and an Umpire if - 9 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 necessary. The Arbitration proceeding shall be conducted at Bangalore on the date, time and place as decided by the Arbitrator/s so appointed for this purpose.” B. Joint Development Agreement dated 07.10.2014: ARBITRATION: “In the event of any disputes between the parties hereto relating to the matters mentioned above, the same shall be resolved through Arbitration as per the provisions of the Arbitration and conciliation Act, 1996 and the statutory modifications thereof, by appointment of one Arbitrator by the OWNERS and one by the DEVELOPERS and an Umpire if necessary. The Arbitration proceeding shall be conducted at Bangalore on the date, time and place as decided by the Arbitrator/s so appointed for this purpose.” 14. The petitioners have also executed a General Power of Attorneys in favour of the respondents vide - 10 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 Annexures “C” and “D”. The petitioners have revoked the Joint Development Agreements and the General Power of Attorneys. The petitioners by issuing a notice to the respondents dated 29.05.2023, vide Annexure “F1” cancelled the registered Joint Development Agreements dated 16.09.2014 and 07.10.2014 and the General Power of Attorneys. The petitioners also issued a legal notice on 17.11.2023, invoking the arbitration clauses and proposing the name of Smt.Thriveni, Advocate, Bengaluru as the Arbitrator. The notices issued to the respondent returned un-served; as such, the petitioners took out a notice in two daily newspapers, vide Annexures “H1” and “H2”. Despite the publication of notices, the respondents did not consent to the appointment of the arbitrator. 15. Admittedly, there is an arbitration clause in the Joint Development Agreements vide Annexures “A” - 11 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 and “C”. The dispute arose between the petitioners and the respondents, and same has to be resolved through arbitration. 16. In view of the above discussion, the petitioners have made out a ground to refer the matter to the sole Arbitrator for adjudication of the dispute between the parties. Hence, the point for consideration is answered in the affirmative. 17. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) Sri.N.N.Dharwadkar, Retired District Judge is appointed as Arbitrator to resolve the dispute between the parties to the petition, in terms of the Arbitration and Conciliation Act, 1996 and the Rules. (iii) The Office is directed to communicate this order to the learned Arbitrator, - 12 - HC-KAR NC: 2025:KHC:20631 CMP No. 223 of 2024 and the Arbitration and Conciliation Centre, Bangalore. (iv) The Office is directed to return the original documents to the petitioners, if any, after retaining a photocopy of the same. (v) In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT: KHV List No.: 1 Sl No.: 19