- 1 - NC: 2025:KHC:2001 CMP No. 396 of 2023 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. 396 OF 2023 BETWEEN: 1. MRS. ELIZABETH NIRMALA MARK, W/O MR. MARK MATHEW, AGED ABOUT 68 YEARS, R/AT NO. 4/6, FIRST NORTH MAIN ROAD, KAPALEESWARAR NAGAR, NEELANKARAI, CHENNAI - 600 041. 2. MR. MARK MATHEW, S/O MR. PAKIANATHAN LAZARUS MATHEW, AGED ABOUT 74 YEARS, R/AT NO. 4/6, FIRST NORTH MAIN ROAD, KAPALEESWARAR NAGAR, NEELANKARAI, CHENNAI - 600 041. …PETITIONERS (BY SRI. UDAYA PRAKASH M, ADVOCATE) AND: 1. M/S SHARA PROPERTIES A REGISTERED PARTNERSHIP FIRM, HAVING OFFICE AT NO. 5 (OLD NO. 165), 3RD MAIN ROAD, WEAVERS COLONY, GANGANAGAR, BANGALORE - 560 032, REPRESENTED BY ITS AUTHORIZED SIGNATORY. 2. M/S BAHRI ESTATE PVT. LTD., AN ISO 9001.2015 CERTIFIED COMPANY Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2001 CMP No. 396 of 2023 HAVING OFFICE AT NO. D-40/B, (KHASRA NO. 457), 1ST FLOOR, FLAT NO. 3, INDIRA ENCLAVE, NEB SARAI, NEW DELHI - 110 068 REPRESENTED BY ITS AUTHORIZED SIGNATORY. AND ALSO BRANCH OFFICE AT, NO. 2-A, 2ND FLOOR, LAVELLE MANSION, LAVELLE ROAD, BANGALORE - 560 001, REPRESENTED BY ITS AUTHORIZED SIGNATORY, MRS. SOWMYA RANGANATH, W/O RANGANATH, AGED ABOUT 40 YEARS, ALSO AT, CABIN NO. 700 AND 71, 4TH FLOOR, NOVEL OFFICE, NO. 8/2, YELLAPPA CHETTI LAYOUT, ULSOOR, BENGALURU - 560 042. …RESPONDENTS (RESPONDENTS SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO A. APPOINT ANY PERSON AS AN ARBITRATOR TO DECIDE AND RESOLVE THE DISPUTE BETWEEN THE PETITIONERS AND RESPONDENTS IN ACCORDANCE WITH THE PROVISIONS OF ARBITRATION AND CONCILIATION ACT, 1996 AMENDMENTS THERETO AS PER CLAUSE NO. 8.1 IN AGREEMENT FOR MAINTENANCE DATED 01.11.2021 AND CLAUSE 13.8 IN CONSTRUCTION AGREEMENT DATED 01.11.2021 AT ANNEXURES A AND B. - 3 - NC: 2025:KHC:2001 CMP No. 396 of 2023 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 seeking appointment of a sole arbitrator to resolve the dispute and differences between the parties herein in terms of Clause 22 of Plot Buyer Agreement dated 01.11.2021 read with Clause 13.5 and 13.8 of the Construction Agreement for villa dated 01.11.2021 as per Annexure-A and B. 2. The petitioner has approached this Court invoking Clause 22 of the Plot Buyer Agreement dated 01.11.2021, along with Clause 13.5 and Clause 13.8 of the Construction Agreement for the villa dated 01.11.2021, as outlined in Annexures A and B. On 28.07.2023, the petitioner issued a legal notice requesting the respondents to complete the construction of the villa located on the 'B' schedule property and deliver possession within 100 days. - 4 - NC: 2025:KHC:2001 CMP No. 396 of 2023 Additionally, the petitioner sought the cancellation of the sale deed dated 25.11.2021, a refund of Rs. 38,42,335/- along with interest at 24% per annum until realization, and compensation of Rs. 2,00,000/- for the deficient service of the respondents. 3. In response to the notice, the respondents issued a reply dated 08.08.2023, disputing the petitioner's claims and instead requesting compliance with the terms as mentioned in their reply. Subsequently, the petitioner served an arbitration notice requesting the reference of the dispute to arbitration in accordance with Clause 13.8 of Annexure B. 4. The respondents, though duly served with the petition, have chosen not to contest the matter. 5. This Court has reviewed the annexures submitted along with the Civil Miscellaneous Petition and is satisfied that the petitioner has fulfilled the requirements under Section 11(6) of the Arbitration and Conciliation Act. - 5 - NC: 2025:KHC:2001 CMP No. 396 of 2023 6. In the light of the aforesaid clause of arbitration and the contentions advanced by the petitioner, this court passes the following: ORDER (a) The petition is allowed appointing Shri S.N.Navalgund, retired District Judge, 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. (b) All contentions inter se parties are left open for adjudication in the arbitration proceedings. (c) The office is directed to communicate this order to the Arbitration and Conciliation Centre and to Shri S.N.Navalgund, - 6 - NC: 2025:KHC:2001 CMP No. 396 of 2023 retired District Judge, as required under the Arbitration and Conciliation Centre Rules, 2012. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 26 CT: BHK