- 1 - HC-KAR NC: 2025:KHC-D:8926 CMP No. 100004 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL MISC PETITION NO.100004 OF 2025 BETWEEN: SRI. IMTIYAZ AHAMAD S/O. REHMANSAB TATTIMANI, AGE: 45 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: GOLDEN TOWN LAYOUT, KERIMATTIHALLI ROAD, HAVERI, TQ AND DIST: HAVERI – 581 110. …PETITIONER (BY SRI. SHRIHARS A. NEELOPANT, ADVOCATE) AND: SRI. NASEERUDDIN S/O. JALALUDDIN INAMDAR, AGE: 61 YEARS, OCC: RETIRED EMPLOYEE, R/O: T.G.ROAD, NEAR KALLABHAVI, HANGAL, TQ: HANGAL, DIST: HAVERI – 581 104. …RESPONDENT (BY SRI. J. S. SHEETY, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO APPOINT AN ARBITRATOR AS CONTEMPLATED UNDER CLAUSE NO.9 OF THE AGREEMENT DATED 07.08.2019 (ANNEXURE B) FOR RESOLUTION OF DISPUTES BETWEEN THE PARTIES. PASS ANY OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT AND PROPER Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8926 CMP No. 100004 of 2025 IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS CIVIL MISCELLANEOUS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This petition is filed by the petitioner seeking appointment of an Arbitrator as contemplated under Clause 9 of the Agreement dated 07.08.2019 produced at Annexure-B, stated to have been entered into between the petitioner and respondent for the purpose of joint development of immovable property. 2. It is contended that respondent being the owner of such an immovable property, being desirous of developing the same into a residential layout had entered into the aforesaid agreement with the petitioner. 3. A dispute arose between the petitioner and respondent in performance of the terms of the agreement. - 3 - HC-KAR NC: 2025:KHC-D:8926 CMP No. 100004 of 2025 4. Clause 9 of the Agreement dated 07.08.2019 is reads as under: 9) ªÉÄïÁÌt¹zÀ «µÀAiÀÄzÀ PÀÄjvÀÄ G¨sÀAiÀÄ ¥ÀPÀëzÀªÀgÀ°è K£ÁzÀgÀÆ vÀAmÉ vÀPÀgÁgÀÄ §AzÀ°è EArAiÀÄ£ï C©ðmÉæñÀ£ï PÁAiÉÄÝAiÀÄ ¥ÀæPÁgÀ ªÀÄzsÀå¸ÀÜUÁgÀgÀ ªÀÄÄSÁAvÀgÀ §UɺÀj¹PÉƼÀÄîªÀ PÀgÁgÀÄ EgÀÄvÀÛzÉ. 5. The petitioner apparently caused issue of a notice dated 20/22.07.2022 calling upon the respondent herein to accept or nominate the Arbitrator as contemplated under clause 9 of the Agreement for resolution of the dispute. 6. It is alleged that a reply to the same was issued by the respondent declining to accept the nomination of Arbitrator as indicated by the petitioner. Hence, the petition. 7. Learned counsel for the respondent fairly submits that the petition may be allowed. 8. Learned counsel for the petitioner as well as the respondent mutually submit that Sri. H. R. Deshpande, Retd. Dist. Judge, may be appointed as an Arbitrator. - 4 - HC-KAR NC: 2025:KHC-D:8926 CMP No. 100004 of 2025 9. Mutual submission made by learned counsel for the parties is taken on record. 10. Accordingly, petition is allowed. Sri. H. R. Deshpande, Retd. Dist. Judge, is appointed as the Arbitrator, to adjudicate the dispute between the parties. 11. All contentions are kept open. Sd/- (M.G.S. KAMAL) JUDGE SMM/CT-ASC List No.: 1 Sl No.: 5