- 1 - NC: 2025:KHC:5666 CMP No. 437 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. 437 OF 2023 BETWEEN: MR. S. ASHOK KUMAR, AGED ABOUT 71 YEARS, S/O LATE SRI. C.V. SRINIVASAIAH, R/AT NO. 221/A, 5TH MAIN, 3RD CROSS, SRINIVASANAGAR, BSK 1ST STAGE, BENGALURU - 560 050. …PETITIONER (BY SRI. ABHINAY Y.T, ADVOCATE) AND: M/S S.D. BUILDERS, A PROPRIETORSHIP FIRM, HAVING ITS OFFICE AT NO.14/4, 2ND FLOOR, PALANI MUDALIAR STREET, HALASURU, BENGALURU - 560 008. REPRESENTED BY ITS PROPRIETOR, MR. M. SURESH, AGED ABOUT 44 YEARS, S/O SRI. MUNISWAMY …RESPONDENT (VIDE ORDER DATED 24.07.2024 SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO PASS AN APPROPRIATE ORDER APPOINTING THE ARBITRATOR AND TO RESOLVE THE Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5666 CMP No. 437 of 2023 DISPUTE, WHICH HAS ARISEN BY VIRTUE OF THE JOINT DEVELOPMENT AGREEMENT DATED 27.02.2015 AT CLAUSE NO. 17 ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT 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 under Section 11(5) of the Arbitration and Conciliation Act, 1996, seeking appointment of sole Arbitrator to resolve the dispute and difference between the parties in terms of joint development agreement dated 27.02.2015. 2. Respondent-firm is served and unrepresented. 3. The petitioner has filed the present Civil Miscellaneous Petition based on the provisions of a Joint Development Agreement (JDA) executed between the petitioner and the respondent/developer. Under the terms of the said agreement, the petitioner had entered into a contractual arrangement with the respondent, granting the latter the right to develop the property by constructing a - 3 - NC: 2025:KHC:5666 CMP No. 437 of 2023 residential apartment building. However, the petitioner contends that the respondent has unilaterally terminated the Joint Development Agreement, thereby breaching the contractual obligations stipulated therein. Consequently, the petitioner, in accordance with the arbitration clause embedded in the agreement, invoked the arbitration process by nominating an Arbitrator to adjudicate the dispute. In furtherance of this, notices were issued to the respondent on two separate occasions at the address specified in the agreement. Despite proper service of such notices, the respondent failed to respond or take any steps in relation to the arbitration proceedings. In light of the respondent’s inaction and non-cooperation, the petitioner has been compelled to file the present petition, seeking appropriate relief from this Hon’ble Court. 4. Given the absence of any contest from the respondent, the petitioner seeks the Court’s intervention in appointing an Arbitrator. Upon a detailed examination of the petition, annexures, and supporting documents, this - 4 - NC: 2025:KHC:5666 CMP No. 437 of 2023 Court is satisfied that the petitioner has fulfilled the procedural requirements stipulated under Section 11(4) of the Arbitration and Conciliation Act. 5. In view of the arbitration clause (Clause 17) of the joint development agreement and the submissions made by the petitioner, this Court deems it appropriate to proceed with the following order: ORDER (i) The Civil Miscellaneous Petition is allowed appointing Sri.Basavantharaja Patil, Former Retired District and Sessions Judge as the sole Arbitrator to enter reference of the disputes between the petitioner and the respondent and conduct proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, according to the Rules governing the said Arbitration Centre. - 5 - NC: 2025:KHC:5666 CMP No. 437 of 2023 (ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings. (iii) The Office is directed to communicate this order to the Arbitration and Conciliation Centre and to Sri.Basavantharaja Patil, Former Retired District and Sessions Judge, as required under the Arbitration and Conciliation Centre Rules, 2012. [[[ Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BNV List No.: 3 Sl No.: 14 CT: BHK