- 1 - NC: 2025:KHC:6849 CMP No. 511 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 511 OF 2024 BETWEEN: 1. MR. PRAVEENA KUMAR .S.H S/O HARSHAVARDHANA BHAT AGED ABOUT 53 YEARS R/AT HARSHA NILAYA SARPANGALA HOUSE UKKINADKA POST-571 552. VIA PERLA, KASARAGOD DISTRICT KERALA STATE. …PETITIONER (BY SRI. ANANDARAMA .K, ADVOCATE) AND: 1. M/S RAI BUILDERS AND DEVELOPER REPRESENTED BY ITS PROPRIETOR SRI SADANANDA RAI S/O LINGAPPA RAI AGED 47 EARS R/AT D. NO.23-3-282/12 NEAR CASCIA SCHOOL MARNAMEKATTA, MANGALORE-575 001. ALSO AT FLAT NO.703 BLOCK-A, SAI GRAND DUER JAIL ROAD MANGALORE-575 002. …RESPONDENT (BY SRI. UDAYA SHANKAR RAI .P, ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6849 CMP No. 511 of 2024 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR FOR RESOLUTION OF DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT IN TERMS OF ARBITRATION CLAUSE NO.23 IN THE AGREEMENT FOR SALE AND CONSTRUCTION DATED 11.04.2016 (ANNEXURE-A) TO ADJUDICATE UPON AND DETERMINE THE DISPUTES BETWEEN THE PARTIES, IN THE INTEREST OF JUSTICE. 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 (for short 'the Act') seeking appointment of a sole Arbitrator to resolve the dispute and difference between the parties in terms of agreement for sale dated 11.04.2016 evidenced at Annexure-A. 2. The respondent, on receipt of notice, has tendered appearance and has engaged a learned counsel. - 3 - NC: 2025:KHC:6849 CMP No. 511 of 2024 3. The petitioner asserts that he entered into an Agreement for Sale with the respondent on April 11, 2016. Under the terms of the agreement for the sale and construction of a residential apartment, the petitioner claims to have paid the entire sale consideration of Rs.1,05,00,000/-. As per the agreement, the construction was to be completed by August 11, 2019, with an additional grace period of six months commencing from August 12, 2019. 4. Invoking the arbitration clause under Section 21, the petitioner issued a notice to the respondent, expressing his readiness and willingness to fulfill his contractual obligations. He called upon the respondent to refund the sale consideration of Rs.1,05,00,000/- along with interest at the rate of 12%. However, as the respondent failed to respond, the petitioner has filed the present petition. 5. On examination of the annexures annexed to the civil miscellaneous petition, this Court is of the view - 4 - NC: 2025:KHC:6849 CMP No. 511 of 2024 that petitioner is able to substantiate the existence of arbitration clause which is indicated at clause 23 of the agreement for sale for construction of residential apartment. Petitioner has also fulfilled the mandate provided under Section 11(4) of the Act. 6. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) Civil Miscellaneous Petition is allowed appointing Sri. Bailur Shankar Rama, Retired District Judge, as the sole Arbitrator to enter reference of the disputes between the petitioner and the respondent and conduct proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre; (ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings; (iii) Office is directed to communicate this order to the Arbitration and Conciliation Centre and to Sri. Bailur Shankar Rama, Retired District - 5 - NC: 2025:KHC:6849 CMP No. 511 of 2024 Judge, as required under the Arbitration and Conciliation Centre Rules, 2012. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 3 Sl No.: 33