- 1 - NC: 2025:KHC:6813 CMP No. 157 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. 157 OF 2024 BETWEEN: 1. MR. ARIF MUJAWAR S/O MR. ABDUL SALAM MUJAWAR AGED ABOUT 59 YEARS R/AT NOOR MAHAL CLUB ROAD, BELAGAVI KARNATAKA-590 001. …PETITIONER (BY SRI. S Z F RAZVI, ADVOCATE FOR SRI. SYED AKMAL HASSAN RAZVI, ADVOCATE) AND: 1. M/S EZZY WHITEFIELD A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.36, PRESTIGE GARNET GROUND FLOOR, ULSOOR ROAD BENGALURU-560 042. REPRESENTED BY ITS PARTNER M/S EZZY INFRATECH PVT LTD. REPRESENTED BY MANAGING DIRECTOR MR. HISHAM SYED TAMIZ …RESPONDENT (BY SMT. ADITHI .S, ADVOCATE FOR SRI. SYED KHAMRUDDIN, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND RE-CONCILIATION ACT, 1996 READ WITH CLAUSE 2 OF THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT SCHEME Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6813 CMP No. 157 of 2024 1996, PRAYING TO APPOINT MR. VEERANNA TIGADI, RETIRED DISTRICT AND SESSIONS JUDGE AS THE SOLE ARBITRATOR FOR RECOVERY OF MONEY AS PER CLAUSE 16 OF THE MEMORANDUM OF UNDERSTANDING DATED 17TH SEPTEMBER 2022 HEREIN PRODUCED AS ANNEXURE-D, ENTERED INTO BETWEEN THE PARTIES FOR ADJUDICATION OF THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES HEREIN AND GRANT SUCH OTHER RELIEFS AS DEEMED FIT BY THIS HONBLE COURT. 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 sole Arbitrator to resolve the dispute and difference between the parties in terms of the Memorandum of Understanding dated 17.9.2022. 2. The petitioner has filed the present petition based on an Agreement to Sell, which includes an arbitration clause. He asserts that he entered into an agreement to purchase a residential flat in the project titled Gallery Central, located at 50, Hospital Road, Shivaji - 3 - NC: 2025:KHC:6813 CMP No. 157 of 2024 Nagar, Bengaluru-560001. As per the petitioner, he has made payments amounting to Rs.72,00,000/-. He further claims that the respondent executed a Memorandum of Understanding (MoU), agreeing to sell Apartment No. 302 on the 3rd floor in his favor and also undertook to pay an additional profit of Rs.30,00,000/- along with the principal amount of Rs.72,00,000/-. While the petitioner acknowledges having received Rs.60,00,000/-, he alleges that the balance amount of Rs.42,00,000/- remains unpaid. Consequently, he issued a notice invoking the arbitration clause. 3. This legal notice was responded by the respondent by issuing a reply notice on 25.10.2023. Petitioner has therefore invoked the arbitration clause and has filed the captioned petition. 4. Learned counsel appearing for respondent fairly concedes the existence of arbitration clause and requests this Court to appoint a neutral arbitrator as against the suggested arbitrator in the legal notice and the petition. - 4 - NC: 2025:KHC:6813 CMP No. 157 of 2024 5. Having examined the annexures annexed along with this petition and having regard to the fact that respondent acknowledges the existence of arbitration clause, this Court is of the view that the petitioner has fulfilled the mandate provided under Section 11(4) of the Act, 1996. 6. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The Civil Miscellaneous petition is allowed appointing Shri.H.M. Nanjundaswamy, Retired District Judge, as the sole Arbitrator to enter reference of the disputes between the petitioner and the respondent and conduct proceedings 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) The office is directed to communicate this order to the Arbitration and Conciliation Centre and - 5 - NC: 2025:KHC:6813 CMP No. 157 of 2024 to Shri.H.M. Nanjundaswamy, Retired District Judge, as required under the Arbitration and Conciliation Centre Rules, 2012. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 3 Sl No.: 10