- 1 - HC-KAR NC: 2025:KHC:31152 CMP No. 53 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.53 OF 2025 BETWEEN: 1. SRI P RAMAKRISHNA SON OF LATE PULLAPPA AGED ABOUT 57 YEARS RESIDING AT KASAVANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK BENGALURU - 560 035. E-MAIL ramakrishnakpr89@gmail.com 2. SRI. K.C.NAGESH SON OF LATE CHINNANNA AGED ABOUT 54 YEARS RESIDING AT KODATHI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU - 560 035 E-MAIL nageshkcn57@gmail.com …PETITIONERS (BY SRI. YADUPATHI G., ADVOCATE) AND: 1. M/S. USHODAYA DEVELOPERS HAVING ITS OFFICE AT NO.PH3 A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31152 CMP No. 53 of 2025 INDIAN PARTNERSHIP ACT 1932 USHODAYA AURA APARTMENT, AECS LAYOUT ROAD, KUNDALAHALLI GATE, MARATHAHALLI, BANGALORE - 560 037 REPRESENTED HEREIN BY ITS MANAGING PARTNER SRI. S. RAVINDER RAO SON OF SRIPATHI RAO AGED ABOUT 53 YEARS. …RESPONDENT (BY SRI. V. RAVI PRAKASH., ADVOCATE) THIS CMP IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT., PRAYING TO APPOINT A SOLE ARBITRATOR (SRI. KUKKAJE RAMAKRISHNA BHAT, DISTRICT JUDGE, (RETD), NO.2, 1ST CROSS, JUDICIAL OFFERS LAYOUT, RMV 2ND STAGE, SANJAY NAGAR, BANGALORE -560094) OR ANY SUCH OTHER QUALIFIED PERSON AS THE SOLE ARBITRATOR IN TERMS OF CLAUSE 22 OF THE REGISTERED JOINT DEVELOPMENT AGREEMENT DATED 18.02.2013 ANNEXURE - A TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31152 CMP No. 53 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioners have sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Joint Development Agreement dated 18.02.2013, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 2. Having taken note of the submissions made by the learned counsel appearing for the parties, and upon perusal of Clause 22 of the registered Joint Development Agreement dated 18.02.2013, I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties. - 4 - HC-KAR NC: 2025:KHC:31152 CMP No. 53 of 2025 3. Accordingly, this petition filed under Section 11 (6) of the Act, 1996 is allowed. Sri. S.R. Somasekara, Retired District Judge, is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. 4. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal. 5. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter. - 5 - HC-KAR NC: 2025:KHC:31152 CMP No. 53 of 2025 6. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. 7. Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 11.09.2025 at 11 am, without waiting for further notice in this regard. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 26