- 1 - HC-KAR NC: 2025:KHC:41605 CMP No. 377 of 2024 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. 377 OF 2024 BETWEEN: DR. KARTHIKEYAN C G, AGED ABOUT 36 YEARS, S/O MR. GOWRI SHANKER C B, R/AT FLAT NO.201, SOGO NEST APARTMENT, NO.4, RAMAKRISHNAPPA ROAD, COX ROAD, BANGALORE -560005. …PETITIONER (BY SRI M RAMACHANDRA REDDY, ADVOCATE) AND: MR PRABHU MASILAMANI, AGED ABOUT 60 YEARS, S/O. MR. MASILAMANI, R/AT OLD NO.1/3, NEW NO.6, N. N. LAKSHMI SRI STREET, JANAKI NAGAR, ALWARTHIRUNAGAR, TIRUVALLUR, TAMIL NADU -600 087. …RESPONDENT (BY SRI HARSHITH N BALAKRISHNA, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11 (5) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PARTIES HERETO AS PER THE TERMS OF JOINT DEVELOPMENT AGREEMENT AND GENERAL POWER OF ATTORNEY DATED 11-03-2020 AT ANNEXURE-A AND B AS PER CLAUSE NO-40 OF THE JDA RESPECTIVELY IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41605 CMP No. 377 of 2024 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: "Wherefore, the Petitioner prays that this Hon'ble Court may be pleased to appoint a Sole Arbitrator to resolve the dispute between the parties hereto as per the terms of Joint Development Agreement and General Power of Attorney dated 11-03-2020 at Annexure-A and B as per Clause No-40 of the JDA respectively in the interest of Justice and Equity." 2. Petitioner relies on clause no.40 page number 41. 3. The learned counsel to the petitioner submits that the dispute between the parties is governed by an arbitration clause in terms of Clause 40 and 41, which are reproduced hereunder for easy reference:- “40. In case no amicable settlement is reached based on friendly negotiations, then any dispute between the PARTIES to this agreement in regard to the interpretation of this agreement and of any matter arising out of this agreement shall be referred to Arbitration under the provisions of the Arbitration Act to a panel of three Arbitrators with the PARTIES herein nominating one Arbitrator each and such two Arbitrators shall jointly be entitled to appoint a third Arbitrator. Any aware given in any such Arbitration proceedings shall be final and binding on the PARTIES to this agreement. The venue of the arbitration proceeds shall be the city of Bangalore only. This agreement shall be governed by Indian Laws. - 3 - HC-KAR NC: 2025:KHC:41605 CMP No. 377 of 2024 41. Any dispute between the parties to this agreement in regard to the interpretation of this agreement or any other agreements supplementary to this agreement and of any matter arising out of this agreement or any supplementary agreement shall be referred to the courts / tribunals in Bangalore City alone and it shall have exclusive jurisdiction to adjudicate on any matter concerning this agreement to the exclusion of all other courts/tribunals. 4. Both the counsel submit that instead of a panel of three arbitrators, a sole arbitrator may be appointed. 5. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Sri.Justice V.Gopala Gowda, former Judge of the Hon’ble Supreme Court of India is appointed as a sole arbitrator to arbitrate the dispute 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 all the counsel, they shall appear before the Director, Arbitration and Conciliation Centre - 4 - HC-KAR NC: 2025:KHC:41605 CMP No. 377 of 2024 without requirement of any notice on 03.11.2025 at 2.30 p.m. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 66