- 1 - NC: 2025:KHC:8810 CMP No. 425 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 425 OF 2024 BETWEEN: K.V. NARAYANASWAMY, S/O. LATE SRI. VENKATARAMANAPPA, AGED ABOUT 79 YEARS, RESIDING AT NO. 272, 17TH CROSS, SADASHIVA NAGARA, BENGALURU - 560 080. …PETITIONER (BY SRI. RAKESH B. BHATT, ADVOCATE) AND: BANK OFFICERS AND OFFICIALS HOUSE BUILDING CO-OPERATING SOCIETY LTD., PRESENTLY AT NO. 599/A, NARAYANA NAGAR, 1ST BLOCK, DODDAKALLASANDRA POST, KANAKAPURA ROAD, BENGALURU - 560 062, REPRESENTED BY PRESIDENT. …RESPONDENT (BY SRI. MANOJ B.G, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO A) APPOINT HONBLE SRI. L. NARAYANASWAMY (RETD. CHIEF JUSTICE OF HIGH COURT OF HIMACHAL PRADESH) OR ANY OTHER PERSON THAT THIS HONBLE COURT MAY DEEM FIT AS THE SOLE ARBITRATOR AT ADJUDICATE THE Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8810 CMP No. 425 of 2024 DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES AS PER CLAUSE 14 OF ANNEXURE-D DATED 21.12.2022 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 difference between the parties herein in terms of clause 14 of the agreement to sale dated 21.12.2022 as per Annexure-D. 2. The respondent is served with notice and has engaged a counsel. Today, a statement of objection is filed. 3. The present Civil Miscellaneous Petition has been filed by the petitioner pursuant to an Agreement to Sale dated 21.12.2022, which was executed by the - 3 - NC: 2025:KHC:8810 CMP No. 425 of 2024 respondent. The said agreement contains a specific arbitration clause governing the resolution of disputes arising between the parties. Alleging that the respondent has failed to fulfill its contractual obligations as stipulated in the Agreement to Sale, the petitioner issued a legal notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996. Through this notice, the petitioner formally called upon the respondent to comply with the terms of the agreement and to participate in the arbitration process for resolving the dispute in accordance with the agreed upon mechanism. 4. In response to the petitioner's legal notice, the respondent issued a reply notice, wherein it not only acknowledged the existence of the arbitration clause but also proceeded to suggest the names of two potential arbitrators for consideration. The respondent’s reply clearly demonstrates its recognition of the arbitration clause embedded in the agreement and its willingness to engage in the arbitration process. Considering the - 4 - NC: 2025:KHC:8810 CMP No. 425 of 2024 respondent’s proactive stance in proposing arbitrators and upon a meticulous examination of the petition, supporting documents, and annexures, this Court finds that the petitioner has satisfied the procedural prerequisites mandated under Section 11(4) of the Arbitration and Conciliation Act, 1996. Given these circumstances, this Court considers it appropriate to nominate one of the arbitrators proposed by the respondent in its reply notice to preside over the arbitration proceedings. 5. In the light of the aforesaid clause of arbitration and the contentions advanced by the petitioner, the following order is passed: ORDER (a) The petition is allowed appointing Hon'ble Mr. Justice A.V.Chandrashekara, Former Judge, High Court of Karnataka, as the sole arbitrator to enter reference of the disputes between the petitioner and the respondents and conduct - 5 - NC: 2025:KHC:8810 CMP No. 425 of 2024 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 Hon'ble Mr. Justice A.C.Chandrashekara, Former Judge, High Court of Karnataka, as required under the Arbitration and Conciliation Centre Rules, 2012. SD/- (SACHIN SHANKAR MAGADUM) JUDGE HDK CT: BHK