- 1 - HC-KAR NC: 2025:KHC:19588 CMP No. 919 of 2022 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. 919 OF 2022 BETWEEN: MR. ASHOK KUMAR, S/O LATE N.K. TAYAL, AGED ABOUT 62 YEARS, R/AT NO. 183, 9TH MAIN, VIJAYANGAR, BANGALORE - 560 040, REP. BY HIS POWER OF ATTORNEY MR. RAKESH TAYAL, S/O MR. CHETAN P TAYAL. …PETITIONER (BY SRI. SHREYAS S. VASISHTA, ADVOCATE FOR SRI. J.P. DARSHAN, ADVOCATE) AND: SRI. NANJUNDAPPA, S/O LATE VENKATAPPA AGED 57 YEARS, RESIDING AT GANTAMVARAPALLY PANCHAYATH, NAREPALLI VILLAGE, KASABA HOBLI, BEGAPALLI TALUK, CHIKKABALLAPUR DISTRICT - 561 207. …RESPONDENT (RESPONDENT IS SERVED) THIS CIVIL MISC. PETITION UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO PASS AN ORDER OF INJUNCTION I. APPOINT SOLE ARBITRATOR TO DETERMINE AND Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19588 CMP No. 919 of 2022 ADJUDICATE THE DISPUTE BETWEEN THE PARTIES ACCORDANCE WITH ARBITRATION CLAUSE IN AGREEMENT OF SALE DATED 19.07.2014 PRODUCED AS ANNEXURE-B AND WITH PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has signed an Agreement of Sale dated 19.07.2014 with the respondent agreeing to purchase an agricultural land in Chikkaballapura District. Sri G. N. Shanthakumar S/o late G. Narayana Swamy is also a party to the agreement, but as a confirming party. When queried, the learned counsel for the petitioner submits that Sri. G. N. Shanthakumar has joined the sale agreement because he had a prior agreement in his favour which is cancelled as acknowledged by him in the agreement upon receiving the consideration due to him. - 3 - HC-KAR NC: 2025:KHC:19588 CMP No. 919 of 2022 The learned counsel submits that legal notice is issued for specific performance, but there is no response and there is also no response to the notice issued under Section 21 of the Arbitration and Conciliation Act, 1996. The respondent, though served, has remained absent. These circumstances are considered to examine whether there is an arbitral dispute and whether the petitioner and the respondent have agreed for resolution of the dispute by arbitration. The dispute is indeed arbitral and in Clause 13 of the Agreement of Sale, the petitioner and the respondent have agreed for adjudication by arbitration. In the light of the afore, the following: ORDER [a] The petition is allowed, and Sri Prakash Kumar, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the - 4 - HC-KAR NC: 2025:KHC:19588 CMP No. 919 of 2022 respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. It would be needless to observe that, subject to just exceptions, all questions are left open to be considered in the arbitral proceedings. [b] The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Sri.Prakash Kumar, No.207, “Mahaveer Ridge Apartments”, Begur-Koppa Road, Yelenahalli, Off-Bannerghatta Road, Bengaluru – 560 114. [Email: advprk.99@gmail.com/judgeprakashk - 5 - HC-KAR NC: 2025:KHC:19588 CMP No. 919 of 2022 umar@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. SD/- (B M SHYAM PRASAD) JUDGE NG List No.: 2 Sl No.: 8 CT: BHK