- 1 - HC-KAR NC: 2025:KHC:37913 CMP No. 305 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.305 OF 2025 BETWEEN: 1. MR. P.D. EMMANUEL S/O SRI. DEVADANAM, AGED ABOUT 65 YEARS, RESIDING AT 472, SHANTHI NILAYAM, MASQUE ROAD, GANDHI PURAM, WHITEFIELD, BENGALURU - 560066. 2. MR. S. NAYAGAM, S/O SRI. N. SUSAL, AGED ABOUT 73 YEARS, RESIDING AT 120, 1ST MAIN ROAD, P AND T COLONY, ARABIC COLLEGE POST, VENKATESHPURAM, BANGALORE NORTH, BENGALURU - 560045. …PETITIONERS (BY SRI. AJAY N., ADVOCATE) AND: 1. M/S. LAKSHMI PROPERTIES A PARTNERSHIP FIRM HAVING ITS OFFICE AT FLAT NO.103, 1ST FLOOR, TGR ARCADE, KODIGEHALLI MAIN ROAD, BETHLNAGAR, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37913 CMP No. 305 of 2025 OPPOSITE COCONUT GARDENS, K.R. PURAM, BENGALURU 560036, REPRESENTED BY ITS PARTNERS: MR. SUDHAKAR MEDIKURTHI, S/O SRI M. OBULESU, AGED ABOUT 50 YEARS. …RESPONDENT (BY SRI. BHARATH KUMAR VINDHYALA, ADVOCATE) THIS CMP IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT RETIRED FORMER DISTRICT JUDGE MR. S.R. SOMASHEKHARA, OR ANY OTHER RETIRED FORMER DISTRICT JUDGE, AS THE SOLE ARBITRATOR TO ADJUDICATE ALL ISSUES/DISPUTES PENDING BETWEEN THE PETITIONERS AND THE RESPONDENTS ARISING OUT OF THE JOINT DEVELOPMENT AGREEMENT DATED 06.11.2021, AS PER CLAUSE 18 MENTIONED THEREIN VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37913 CMP No. 305 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel for the petitioners and the learned counsel for the respondent. 2. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, placing reliance on Clause 18 of the Joint Development Agreement produced at Annexure-A to the petition. 3. Taking into consideration the submissions made by the learned counsel appearing for the petitioners herein, considering the contents of the notice dated 15.04.2025(Annexure-D), and Clause 18 of the Joint Development Agreement, I am of the opinion that, Arbitrator has to be appointed to resolve the dispute between the parties. 4. Accordingly, the Civil Miscellaneous Petition is allowed. Hon'ble Shri. Chandrashekaraiah, former Judge of this Court is hereby appointed as the Arbitrator to resolve the dispute between the parties. - 4 - HC-KAR NC: 2025:KHC:37913 CMP No. 305 of 2025 5. For early disposal of the petition is concerned, since the parties are represented through their learned counsel, parties are directed to appear before the Arbitration Centre, Khanija Bhavan, Race Course Road, Bengaluru, on 30.10.2025 at 11.00 a.m., without waiting for further notice in this regard. On appearance of the parties, learned Arbitrator is requested to dispose of the matter. 6. The Registry is directed to communicate this order to the Arbitration Centre, Khanija Bhavan, Race Course Road, Bengaluru, and also to Hon'ble Shri. Chandrashekaraiah, former Judge of this Court, forthwith. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 29