- 1 - HC-KAR NC: 2025:KHC:30193 CMP No. 420 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 420 OF 2024 BETWEEN: M/S. ETERNITY DEVELOPERS PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.11, HAYES ROAD, RICHMOND TOWN, BENGALURU - 560 025. REPRESENTED BY ITS DIRECTOR, SRI. AVINASH PRABHU, S/O PETER J. R. PRABHU, AGED ABOUT 50 YEARS. …PETITIONER (BY SRI. CYRIL PRASAD PAIS, ADVOCATE) AND: MR. ARUN M. NIKAM AGED ABOUT 41 YEARS, S/O LATE MARUTHI D. NIKAM, R/AT SRI. RAJALAKSHMI JEWELERS, CITY MARKET BUILDING, BHAVANTHI STREET, MANGALORE - 575 001. …RESPONDENT (RESPONDENT - SERVED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR TO ARBITRATE THE DISPUTE THAT AROSE BETWEEN THE PETITIONER AND Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30193 CMP No. 420 of 2024 THE RESPONDENT AS PER THE SALE CUM CONSTRUCTION AGREEMENT DATED 04.02.2013 VIDE CLAUSE NO.26 OF THE SAID SALE CUM CONSTRUCTION AGREEMENT AT ANNEXURE-E. FURTHER, PASS SUCH OTHER ORDER OR FURTHERS ORDERS BASED ON THE NATURE AND CIRCUMSTANCES OF THE ABOVE CASE AS THIS HON'BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel for the petitioner. 2. Respondent is served and remained absent. 3. The petitioner has filed this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking resolution of the dispute by appointing an Arbitrator. 4. In this regard, learned counsel appearing for the petitioner has invited the attention of the Court to Clause 26 of the Sale cum Construction Agreement dated 04.02.2013. It is also submitted by the learned counsel appearing for the - 3 - HC-KAR NC: 2025:KHC:30193 CMP No. 420 of 2024 petitioner that in respect of an identical matter, this Court in CMP No.368/2024, by order dated 24.01.2025, has appointed Sri. Moosa Kunhi Nayarmoole, former District and Sessions Judge, as Arbitrator under the Arbitration and Conciliation Rules, 2012. In that view of the matter, Sri. Moosa Kunhi Nayarmoole, former District and Sessions Judge, is hereby appointed to resolve the dispute between the parties to this petition and conduct proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, according to the Rules governing the said Arbitration Centre. 5. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, and also to Sri. Moosa Kunhi Nayarmoole, former District and Sessions Judge, forthwith. 6. Accordingly, the Civil Miscellaneous Petition stands allowed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 21