- 1 - NC: 2025:KHC:5656 CMP No. 406 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. 406 OF 2023 BETWEEN: 1. SRI A UDAYAKUMAR S/O LATE V ANNAIAHAPPA AGED ABOUT 64 YEARS 2. MR K J LEELAVATHI W/O MR. A UDAYAKUMAR AGED ABOUT 56 YEARS 3. MS KAVANA U D/O MR. A UDAYAKUMAR AGED ABOUT 32 YEARS REP. BY GPA HOLDER HER FATHER MR. A. UDAYAKUMAR 4. MS BHAVANA U D/O MR. A UDAYAKUMAR AGED ABOUT 27 YEARS 5. MASTER SHASHANK U S/O MR. A UDAYAKUMAR AGED ABOUT 22 YEARS ALL ARE R/A NO. 241/273 OPP: GOVERNMENT MIDDLE SCHOOL VARTHUR MAIN ROAD, VARTHUR VILLAGE, BANGALORE - 560 087. …PETITIONERS (BY SRI. SATHISHA D J., ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5656 CMP No. 406 of 2023 AND: M/S MYHNA REALITY (INDIA) PVT. LTD. HAVING ITS OFFICE AT NO. 83, 1ST FLOOR, G P PLAZA OUTER RING ROAD, NEAR KALAMANDIR, ABOVE KARNATAKA BANK, MARATHAHALLI, BENGALURU - 560 037. REP. BY MANAGING DIRECTOR M. KARTHIKEYAN …RESPONDENT (BY SRI. VIJAY GOWDA L., ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT HON'BLE MR. JUSTICE A.V. CHANDRASHEKAR, FORMER JUDGE, HIGH COURT OF KARNATAKA, BANGALORE, AS AN ARBITRATOR ON BEHALF TO THE RESPONDENT OR AN ARBITRATOR ACCEPTABLE TO ALL THE PARTIES TO RESOLVE THE DISPUTE AS PER CLAUSE ARTICLE XV OF THE JOINT DEVELOPMENT AGREEMENT DATED 01.08.2018 AS PER ANNEXURE B. 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 by the petitioners 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 - 3 - NC: 2025:KHC:5656 CMP No. 406 of 2023 difference between the parties in terms of Joint Development Agreement dated 01.08.2018 evidenced at Annexure-A. 2. After receipt of notice, the respondent has tendered appearance and has engaged lawyer. 3. The petitioners have filed present Civil Miscellaneous Petition on the strength of Joint Development Agreement dated 01.08.2018. It is alleged that respondent - developer in terms of Joint Development Agreement dated 01.08.2018 was entrusted to accomplish construction of commercial complex/mall in the schedule property within a period of 36 months. As there is breach, the petitioners issued notice followed by second notice invoking Section 21 of the Arbitration Clause, which is evidenced at Annexure-F. 4. The petitioners by invoking arbitration clause have nominated an arbitrator. The respondent has failed - 4 - NC: 2025:KHC:5656 CMP No. 406 of 2023 to respond to this notice. Hence, petition is filed under Section 11(6) of the Act before this Court. 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. At this juncture, learned counsel for respondent has suggested Sri Ajith J Gunjal as an Arbitrator. Learned counsel for the petitioner fairly accepts this proposal. 6. In the light of the aforesaid clause of arbitration and the contentions advanced by the petitioners and respondent, this Court proceeds to pass the following: ORDER (i) Civil Miscellaneous Petition is allowed appointing Sri Ajith J Gunjal, 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 - 5 - NC: 2025:KHC:5656 CMP No. 406 of 2023 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; (iii) Office is directed to communicate this order to the Arbitration and Conciliation Centre and to Sri Ajith J Gunjal, 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 NMS