- 1 - NC: 2025:KHC:2015 CMP No. 414 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. 414 OF 2023 BETWEEN: M/S. OMR REALTY PRIVATE LIMITED, (REGISTERED UNDER THE COMPANIES ACT, 1956) CIN-U45400MH2008PTC183186 HAVING ITS REGISTERED OFFICE AT NO.301, KSHAMALAYA NEW MARINE LINES MUMBAI - 400 020, REPRESENTED BY ITS DIRECTOR MR. JIGAR JOSHI, S/O MR. HARESH JOSHI, AGED ABOUT 40 YEARS, R/A C401, NEELAMBUJ, KAMAL APTS, SHANKAR LANE, KANDIVALI (WEST), MUMBAI - 400 067. …PETITIONER (BY SRI. MANMOHAN P.N, ADVOCATE) AND: 1. M/S H.K. DEVELOPERS, PRESENTLY AT NO.1252/1, 12TH CROSS, M.C. LAYOUT, VIJAYANAGARA, BENGALURU - 560 040, REPRESENTED BY ITS PROPRIETOR MRS. G.C. RENUKA. 2. MR. J. RAGHAVENDRA, S/O LATE JAVARE GOWDA, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2015 CMP No. 414 of 2023 AGE NOT KNOWN TO THE PETITIONER, PRESENTLY RESIDING NO.214, 1ST G CROSS, 3RD STAGE, 4TH BLOCK, BASAVESHWARANAGAR, BENGALURU - 560 079. 3. DR. B. KRISHNA, S/O LATE THIMME GOWDA, AGE NOT KNOWN TO THE PETITIONER, PRESENTLY R/A NO.1252/1, 12TH CROSS, M.C. LAYOUT, VIJAYANAGARA, BENGALURU - 560 040. 4. MR. CHIKKE GOWDA, S/O LATE CHANNEGOWDA, AGE NOT KNOWN TO THE PETITIONER, R/A NGEF LAYOUT, KASTURI NAGAR, BENGALURU - 560 043. 5. MRS. G.C. RENUKA, W/O DR. B. KRISHNA, AGE NOT KNOWN TO THE PETITIONER, PRESENTLY RESIDING AT NO.1252/1, 12TH CROSS, M.C. LAYOUT, VIJAYANAGARA, BENGALURU - 560 040. 6. M/S. POLICE OFFICERS AND STAFF'S HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED, NO.23/1, 1ST FLOOR, HARE KRISHNA ROAD, SHIVANANDA CIRCLE, BENGALURU - 560 001, REPRESENTED BY ITS PRESIDENT MR. A.N. PRAKASH GOWDA. …RESPONDENTS (BY SRI. M. SHIVAPRAKASH, ADVOCATE FOR R1, R3, R5; R2, R4 AND R6 ARE SERVED) - 3 - NC: 2025:KHC:2015 CMP No. 414 of 2023 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO, ALLOW THIS PETITION AND APPOINT AN ARBITRATOR AS PER CLAUSE 29.1 OF THE LOAN AGREEMENT DATED 10.07.2017 (PRODUCED AS ANNEXURE-B) AND PASS SUCH OTHER ORDERS AS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. 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(5) 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 29.1 of the Loan Agreement dated 10.07.2017 as per Annexure-B. 2. The petitioner has approached this Court based on the Loan Agreement dated 10.07.2017. Respondents No.1 to 5 had availed a short-term loan of Rs. 20,00,00,000/- at an interest rate of 24% per annum. The petitioner claims that the respondents failed to comply with the demand made in the legal notice, prompting the - 4 - NC: 2025:KHC:2015 CMP No. 414 of 2023 issuance of another notice on 18.02.2023, demanding repayment of the loan amount along with interest, as per Clause 29 of the Loan Agreement. As no response was received from the respondents, a second notice was issued on 18.05.2023, invoking Clause 29.1 of the agreement and triggering the arbitration clause. 3. After the notices were issued, the respondents appeared before this Court through their counsels. 4. Upon reviewing the annexures submitted with the Civil Miscellaneous Petition, this Court is satisfied that the petitioner has met the requirements stipulated under Section 11(5) of the Arbitration and Conciliation Act. 5. 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 Justice Shri. A.S.Bopanna, former judge, Supreme Court of India, as the sole - 5 - NC: 2025:KHC:2015 CMP No. 414 of 2023 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. Justice A.S.Bopanna, former judge, Supreme Court of India, as required under the Arbitration and Conciliation Centre Rules, 2012. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 27 CT: BHK