- 1 - HC-KAR NC: 2025:KHC:41582 CMP No. 209 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 209 OF 2025 BETWEEN: 1. SRI. S.V HEMAREDDY S/O LATE VEERABHADRAPPA, AGED ABOUT 56 YEARS, 1ST CROSS, IYYANNA COLONY, STADIUM ROAD, CHITRADURGA - 577 501. 2. SRI. B.S. HARISH S/O LATE SESHAGIRIYAPPA, AGED ABOUT 47 YEARS, R/O BURJINAHATTI EXTENSION, CHITHRADURGA - 577 501. 3. SRI. D. KIRAN KUMAR S/O LATE B R DASAPPA, AGED ABOUT 48 YEARS, R/O 1ST CROSS, 2ND SAGE, TEACHERS COLONY, CHITHRADURGA 577501. …PETITIONERS (BY SRI. SIDDAPPA B M.,ADVOCATE) AND: 1. SRI B.L. RAVISHANKAR S/O N B NINGAPPA, AGED ABOUT 54 YEARS, 1ST CROSS, J C R EXTENSION, CHITHRADURGA - 577 501. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41582 CMP No. 209 of 2025 2. SRI GOVARDHANA A., S/O A N ASHWATHACHAR, AGED ABOUT 64 YEARS, R/O BESIDES SRI SAMPIGGE SIDDESHWARA SCHOOL SANGOLLI RAYANNA CIRCLE, HOLALKERE ROAD, CHITHRADURGA - 577 501. …RESPONDENTS (BY SRI. SAMEER S.N., ADVOCATE OF SATTVA LAW ASSOCIATES) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT., PRAYING TO APPOINT HONBLE RETIRED DIST. JUDGE M.B.KULKARNI AS SOLE ARBITRATOR OR ANY OTHER PERSON THAT THIS HONBLE COURT MAY DEEM FIT AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES AS PER CLAUSE 7 OF REGISTERED LAND DEVELOPMENT AGREEMENT DATED 17.09.2021 PRODUCED AS ANNEUXRE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following relief: "Appoint Hon'ble retired Dist. Judge M.B.Kulkarni as sole arbitrator or any other person that this hon'ble court may deem fit as the sole arbitrator to adjudicate the disputes that have arisen between the parties - 3 - HC-KAR NC: 2025:KHC:41582 CMP No. 209 of 2025 as per clause 7 of registered land development agreement dated 17.09.2021 produced as Annexure A". 2. The petitioners and the respondents had entered into a development agreement dated 17.09.2021 in respect to lands, which is governed by an arbitration Clause No.7 thereof, which is reproduced hereunder for easy reference; "ಉಭಯಾಗಳ ಏಾದರೂ ಾಾಯ ಉಂಾದ ಅದನು ಪರಸರ ೊಂಾ !ೆ"ಂದ ಪ#ಹ#%!ೊಳ&ಲು ಅಥ)ಾ 1966ರ ಮಧ,ಸ-.ಾರರ !ಾ"ೆ (1966 Arbitation Act) ಒಳಪಟು1 ಸದ# ಕ3ಾರು 4ಾ5!ೊಂ5ರು6ೆ7ೕ)ೆ. 2ೇ ಾಯವ#.ೆ ಅವೃ;< ಪ5ಸಲು !ೊ1ರುವ ಜ>ೕನನು 1ೇ ಾಯವರು ಈ @ಂೆ Aೇ3ೆ Bಾ#ಗೂ Bಾವ #ೕCಯಲೂ ಆEಾರ, ಕಯ ಕ3ಾರು ವ,ವಾರ 4ಾ5ರುವF;ಲ)ಾG ಒHರು6ಾ73ೆ. ಾಗೂ 2ೇ ಾಯವರು ಸದ# ಜ>ೕIನ JೇಔL ನ !ಾಯವF ಸಂಪNಣ)ಾG ಮುGಸುವವ3ೆPಗೂ ಾಗೂ I)ೇಶನಗಳನು ಹಂR!ೆ 4ಾ5!ೊಳS&ವವ3ೆPಗೂ ಜ>ೕನನು Bಾವ jÃwಯಲೂ ಆEಾರ, Tೋಗ, ಪರTಾ3ೆ ವ.ೈ3ೆ 4ಾಡಲು 1ೇ ಾಯವ#.ೆ ಅW!ಾರ ಇರುವF;ಲ ಮತು7 ಒಂದು )ೇZೆ [ೆಡೂ,\ ಜ>ೕನನು ಸ!ಾರದ ವC"ಂದ ಭೂ]ಾ^Wೕನ ಪ5%!ೊಂಡ ಅಥ)ಾ ೈಸGಕ P!ೋಪ;ಂದ ಅವೃ;< !ಾಯ!ೆ_ ಆಡಚaೆBಾದ ಪbದ ಉಭಯಾಗಳS ಪರಸರ ಒಪಂದ ಮುcೇನ ಕ3ಾರು ಪತದ ಅವWಯನು Pಸ7#%!ೊಳ&ಲು ಒHರು6ಾ73ೆ. 1ೇ ಾಯವರು ಈ ಕ3ಾರು ಪತದ ರತ!ೆ_ BಾವFೇ Iಬಂಧೆಗಳನು ಉಲಂeಸತಕ_ದfಲ ಾಗೂ ವ,ವಾರವನು ಬದJಾ"ಸತಕ_ದfಲ ಈ ಕ3ಾ#ನ BಾವFೇ ಾ ಷರತು7 ಉಲಂಘೆ 4ಾ5ದf ಕ3ಾರು ಪ!ಾರ ನiೆದು!ೊಳ&ಲು ತHದf ಆದ#ಂಾಗ ಬಹುಾದ ಎJಾ ಖಚು )ೆಚlಗಳನು ಷರತು7 ಉಲಂಘೆ 4ಾ5ದವರು ಭ#ಸತಕ_ದುf". - 4 - HC-KAR NC: 2025:KHC:41582 CMP No. 209 of 2025 3. There being certain disputes which had arisen between the parties, the petitioners had issued a notice on 22.12.2023 calling upon the respondents to perform certain obligations. In reply thereto the respondents by their reply dated 09.01.2024 while denying the allegations cancelled the joint development agreement. Pursuant thereto the petitioners vide their legal notice dated 30.01.2025 invoked the arbitration clause and nominated their arbitrator. Though the said notice had been served on the respondents, no reply was issued. In that view of the matter, the petitioners had approached this Court seeking for the aforesaid relief. 4. The submission of Sri. B.M.Siddappa, learned counsel for the petitioners is that the joint development agreement being governed by an arbitration clause, any and all disputes under the said agreement are required to be referred to arbitration. - 5 - HC-KAR NC: 2025:KHC:41582 CMP No. 209 of 2025 5. Learned counsel for the respondents would however rely on the decision of the Punjab and Harnyana High Court in the case of M/S EIGEN TECHNICAL SERVICES PVT LTD. VS. M/S VATIKA LIMITED AND ANOTHER reported in ILR (2015) 1 P & H 314 to contend that if an agreement has expired the arbitration clause would also stand expired and in that regard he submits that under the joint development agreement 18 months being fixed for compliance with the obligations. The said period not having been extended, the agreement stood expired after a period of 18 months and as such, the arbitration clause cannot be relied upon or invoked by the petitioners. 6. Heard Sri.B.M.Siddappa learned counsel for the petitioners and Sri. S.N.Sameer learned counsel for respondents. Perused papers. - 6 - HC-KAR NC: 2025:KHC:41582 CMP No. 209 of 2025 7. There is no dispute as regards the joint development agreement having been entered into between the petitioners and respondents as also the existence and effect of the arbitration clause in terms of clause No. 7 of the said agreement. 8. The only dispute raised by respondents is as regards whether the said agreement has itself expired by afflux of time or not. These are aspects which are touching upon the factual matters which would require evidence and trial to be led. This Court cannot at this stage decide on whether the agreement is expired or not. Ex facie, the invocation of the arbitration clause and filing of the petition is within the period fixed by law of limitation. As regard to the expiry or otherwise, that would better have to be left to the wisdom of the Tribunal after evidence is led. 9. In that view of the matter, I pass the following; - 7 - HC-KAR NC: 2025:KHC:41582 CMP No. 209 of 2025 ORDER i. CMP is allowed. ii. Shri Khan Liyakat Ali Khan, a former District Judge is appointed as a sole arbitrator to arbitrate the disputes between the parties under the aegis of the Arbitration Centre attached to this Court. iii. Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful iv. Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any further notice on 03.11.2025 at 02.30 p.m. Sd/- (SURAJ GOVINDARAJ) JUDGE RU, List No.: 1 Sl No.: 82