- 1 - NC: 2025:KHC:5657 CMP No. 306 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 306 OF 2023 BETWEEN: M/S. SCENIC BEAUTY HOMES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING REGISTERED OFFICE AT NO. 552, 13TH CROSS, 7TH MAIN, DOLLARD COLONY, RMV II STAGE, BANGALORE-560 070. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, MR. RAJKUMAR S …PETITIONER (BY SRI. KASHYAP N NAIK., ADVOCATE) AND: 1. MR. BADRINATH GUDEKOTA MAJOR 2. MRS. VIJAYA LAKSHMI WIFE OF MR. BADRINATH GUDEKOTA, MAJOR BOTH ARE RESIDING AT NO. 13/183-2, A1, SIDDESHWARANAGAR, GUNTAKAL, ANANTHAPUR, ANDRA PRADESH-515 801. ALSO AT SITE NO. 232 OF BRINDAVAN ELITE, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5657 CMP No. 306 of 2023 SY. NO. 156/1, MANDURU VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE DISTRICT. …RESPONDENTS (BY SRI. RAVISHANKER N., ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR THAT THIS HON'BLE COURT DEEMS FIT AS THE SOLE ARBITRATOR AS STIPULATED UNDER CLAUSE 29 OF THE AGREEMENT, TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES UNDER THE CONSTRUCTION AGREEMENT DATED 05/01/2022 (ANNEXURE-A), IN THE INTERESTS OF JUSTICE. 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 Construction Agreement dated 05.01.2022 evidenced at Annexure-A. 2. The respondents on receipt of notice had tendered appearance through their counsel. Vakalath has - 3 - NC: 2025:KHC:5657 CMP No. 306 of 2023 filed on 16.02.2024. No objections are tended to Civil Miscellaneous Petition. 3. The petitioner has filed present Civil Miscellaneous Petition on the strength of Construction Agreement dated 05.01.2022 with respondents. The petitioner asserts that respondents entered into an agreement and as per agreement, the petitioner was involved in architectural, structural and other design services and civil construction pertaining to residential buildings and the respondents had approached the petitioner for the purpose of constructing a residential building owned by them. The respondents had undertaken to pay a sum of Rs.54,50,000/-. However, the petitioner contends that respondents are yet to clear outstanding payment of Rs.9,22,025/-. 4. The petitioner invoking arbitration clause has issued notice on 09.03.2023 suggesting arbitrator. This notice is not responded. On the contrary, notice sent by - 4 - NC: 2025:KHC:5657 CMP No. 306 of 2023 the petitioner was refused. Even before this Court there is no contest in Civil Miscellaneous Petition. 5. After a thorough review of the petition, annexures, and supporting documents, this Court is satisfied that the petitioner has met the procedural requirements outlined under Section 11(4) of the Arbitration and Conciliation Act. 6. In the light of the aforesaid clause of arbitration and the contentions advanced by the petitioner, this Court proceeds to pass the following: ORDER (i) Civil Miscellaneous Petition is allowed appointing Sri S N Navalgund, Former Judge, District and Sessions Court 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; - 5 - NC: 2025:KHC:5657 CMP No. 306 of 2023 (ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings; (iii) Office is directed to communicate this order to the Arbitration and Conciliation Centre and to Sri S N Navalgund, Former Judge, District and Sessions Court, 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 NMS