- 1 - HC-KAR NC: 2025:KHC:19371 CMP No. 468 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 468 OF 2024 BETWEEN: M/S DANDAKERI CONSTRUCTION YEYYADI , MANGALORE A PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR MR. SANTHSOH KUMAR S/O LATE P BABU MAISTRY AGED ABOUT 54 YEARS R/AT DANDAKERI HOUSE YEYYADI, MANGALORE 575008. …PETITIONER (BY MS. VRINDA HEBBAR, ADVOCATE FOR MRS. K SHRIHARI.,ADVOCATE) AND: 1. SATISH K SHRIYAN FATHER NAME NOT KNOWN AGED ABOUT 67 YEARS 2. SHEELA ACHARYA SOMRAJ FATHER NAME NOT KNOWN AGED ABOUT 64 YEARS R/AT AMIN COMPOUND NEAR STATE BANK OF INDIA YEYYADY MANGALORE 575008. …RESPONDENTS (BY MR. RAGHAVENDRA SHENOY M., ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19371 CMP No. 468 of 2024 THIS CIVIL MISCELLENEOUS PETITION IS FILED U/S 11(5) (6) OF ARBITRATION PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENTS AS PER THE ARBITRATION CLAUSE NO.223 MENTIONED IN THE JOINT DEVELOPMENT AGREEMENT DATED 25.09.2018, WHICH IS AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner and the respondents are parties to the Joint Development Agreement dated 25.09.2018, which has an agreement for arbitration, which only reads that any dispute arising between the petitioner and the signatories to the Joint Development Agreement shall be referred to arbitration. The respondents' mother and elder brother are also signatories to the Joint Development Agreement, but they have died, and it is brought on record that only the respondents are entitled to their - 3 - HC-KAR NC: 2025:KHC:19371 CMP No. 468 of 2024 interests and as such, the dispute would only be between the petitioner and the respondents. On the nature of the dispute, it is brought out that the petitioner has stopped the construction on the ground of misrepresentation about the title to the subject property with a claim for cost of construction and the respondents dispute the allegations of misrepresentation and the liability to pay any cost of the construction with their own monetary claim against the petitioner. This Court is therefore persuaded to find that there is an arbitral dispute, and a sole arbitrator must be appointed for adjudication of the dispute. When the learned counsels are heard in the light of this opinion, they state in unison that the arbitration will have to be at Mangalore as the parties are from Mangalore, and the subject property is also at Mangalore and the arbitration can be subject to the terms and conditions of the Rules applicable to - 4 - HC-KAR NC: 2025:KHC:19371 CMP No. 468 of 2024 Arbitration and Conciliation Centre, Bengaluru. In the light of the afore, the following: ORDER [a] The petition is allowed. [b] Sri. Moosa Kunhi Nayarmoole, a retired District Judge and a retired Judicial Member of KSAT, is appointed as the sole Arbitrator to conduct the proceedings in accordance with the rules applicable to the Arbitration and Conciliation Centre, Bengaluru and with liberty to choose venue for arbitration at Mangalore with both the petitioner and the respondent bearing equal costs of such venue. [c] The Registry is directed to communicate this order to Sri. Moosa Kunhi Nayarmoole, Nayarmoole Post, Manila Village, Bantwal Taluk, Vittal, Dakshina Kannada District – 574 243 [moosaknm@gmail.com] as required under - 5 - HC-KAR NC: 2025:KHC:19371 CMP No. 468 of 2024 the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr