- 1 - HC-KAR NC: 2025:KHC:38699 CMP NO.28 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.28 OF 2025 BETWEEN: 1. SMT. N.P. PRAMILA W/O LATE N.A. PRABHAKARA GUPTA, AGED ABOUT 78 YEARS. 2. SMT. ANUPAMA SACHIN D/O LATE N.A. PRABHAKARA GUPTA, AGED ABOUT 40 YEARS. 3. SRI. N.N. KARTHIK S/O LATE N.A. NAGARAJ, AGED ABOUT 42 YEARS. 4. SMT. N.N. SHAKUNTHALAMMA W/O LATE N.A. NAGARAJ, AGED ABOUT 74 YEARS. 5. SRI. N.A. KRISHNAIAH SETTY S/O LATE N.S. ANJAIAH SETTY, AGED ABOUT 75 YEARS. REP. BY HIS G.P.A. HOLDER SRI. N.K. KIRAN, S/O SRI. N.A. KRISHNAIAH SETTY. 6. SRI. N.A. VENKATESH GUPTA, S/O LATE N.S. ANJAIAH SETTY, AGED ABOUT 62 YEARS. PETITIONERS 1 TO 6 ARE R/AT NO.6, PUTTANNA ROAD, BASAVANAGUDI, BENGALURU - 560 004. 7. SMT. M.R. SHARADHA D/O LATE N.S. ANJAIAH SETTY, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38699 CMP NO.28 OF 2025 W/O SRI. RADHAKRISHNA M.A., AGED ABOUT 68 YEARS, NO.476, 9TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU - 560 011. 8. SMT. R. SHANTHA LAKSHMI D/O LATE N.S. ANJAIAH SETTY, W/O SRI. V. RAJENDRAN, AGED ABOUT 66 YEARS, NO.153, 5TH CROSS, 7TH MAIN, 2ND BLOCK, JAYANAGAR, BENGALURU - 560 011. …PETITIONERS (BY SRI. MAHESH B.J., ADVOCATE) AND: 1. M/S MJR BUILDERS PRIVATE LIMITED NO.54, 2ND FLOOR, 12TH MAIN, 17TH CROSS, SECTOR 6, H.S.R. LAYOUT, BENGALURU - 560 102. PRESENTLY R/AT: NO.444, GRAND, 3RD FLOOR, 16TH CROSS, 5TH MAIN, NEAR TITAN EYE SHOWROOM, 6TH SECTOR, HSR LAYOUT, BENGALURU - 560 102. REP. BY ITS DIRECTOR SRI. MADHUSUDHAN TALAMARLA. 2. SRI. N.A. JAYARAM S/O SRI. N.S. ANJAIAH SETTY, AGED ABOUT 71 YEARS, NO.22, 3RD MAIN ROAD, N.R. COLONY, BASAVANAGUDI, BENGALURU - 560 004. …RESPONDENTS (BY SRI. BHARATH K., ADVOCATE FOR R1; SRI. H.N. VIDHYADHAR, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:38699 CMP NO.28 OF 2025 THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) AND (6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT THE SUITABLE ARBITRAL TRIBUNAL TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS IN TERMS OF CLAUSE 29 OF THE JOINT DEVELOPMENT AGREEMENT DATED 05TH MAY, 2011 VIDE ANNEXURE-A 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 E.S. INDIRESH ORAL ORDER This petition is filed under Section 11 (5) and (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator based on clause 29 of the Joint Development Agreement dated 05th May, 2011 (Annexure-A) as well as clause 7 of the subsequent Settlement Agreement dated 02nd March, 2020 (Annexure-B). 2. Heard Sri. Mahesh B.J., learned counsel appearing for petitioners; Sri. Bharath K., learned counsel appearing for the respondent No.1; and Sri. H.N. Vidhyadhar, learned counsel appearing for the respondent No.2. - 4 - HC-KAR NC: 2025:KHC:38699 CMP NO.28 OF 2025 3. Having heard the learned counsel appearing for the parties and on perusal of the subsequent settlement Agreement dated 02nd March, 2020 (Annexure-B), I am of the view that the portion of the compliance of the agreements referred to above have not reached finality. In that view of the matter, the dispute between the parties requires to be resolved by an Arbitrator. Therefore, Sri. D.R. Venkatasudarshana, District Judge (retired) is appointed as Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. 4. In order avoid further delay in the matter, parties are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru on 27th October, 2025 at 11.00 am. 5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru for proceeding further in the matter. - 5 - HC-KAR NC: 2025:KHC:38699 CMP NO.28 OF 2025 7. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 3 Sl No.: 21