- 1 - HC-KAR NC: 2025:KHC:19580 CMP No. 922 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. 922 OF 2022 BETWEEN: MR. PRADEEP KUMAR, AGED 58 YEARS, RESIDING AT NO. B813, DIVYA MSR GATEWAY, NO. 72 MSR ROAD, GOKULA, BANGALORE - 560 054, 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. CHOUDAPPA, S/O CHINAPPA, AGED 55 YEARS, RESIDING AT ADIGANAHALLY VILLAGE, KASABA HOBLI, BEGAPALLI TALUK, CHIKKABALLAPUR DISTRICT - 561 208. …RESPONDENT (BY SRI. MOHAMMED MOIN ULLA, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19580 CMP No. 922 of 2022 ACT, 1996, PRAYING TO PASS AN ORDER OF INJUNCTION I. APPOINT SOLE ARBITRATOR TO DETERMINE AND ADJUDICATE THE DISPUTE BETWEEN THE PARTY'S ACCORDANCE WITH ARBITRATION CLAUSE IN AGREEMENT OF SALE DATED 26.05.2014 PRODUCED AS ANNEXURE-C 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 JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has signed the Agreement of Sale dated 26.05.2014 with the respondent to purchase agricultural land in Chikkaballapur District, agreeing for resolution of dispute by arbitration. In terms of Clause 29 of the Agreement therein, the petitioner has caused legal notice including notice for commencement of arbitration proceedings under Section 21 of the Arbitration and Conciliation Act, 1996. - 3 - HC-KAR NC: 2025:KHC:19580 CMP No. 922 of 2022 The respondent, who remains absent in the present proceedings has also not responded to the notices. This Court is persuaded to find that the existence of the arbitral dispute and the agreement for resolution by arbitration are established. Hence, 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 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. - 4 - HC-KAR NC: 2025:KHC:19580 CMP No. 922 of 2022 [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, Sri Prakash Kumar, No.207, “Mahaveer Ridge Apartments”, Begur-Koppa Road, Yelenahalli, Off- Bannerghatta Road, Bengaluru – 560 114. [Email:advprk.99@gmail.com; judgeprakashkumar@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.: 9 CT: BHK