- 1 - HC-KAR NC: 2025:KHC-D:8927 CMP No. 100005 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.100005 OF 2025 BETWEEN: SRI. IMTIYAZ AHAMAD S/O. REHAMANSAB TATTIMANI, AGE: 45 YEARS, OCC: AGRICULTURE & BUSINESS, R/O: GOLDEN TOWN LAYOUT, KERIMATTIHALLI ROAD, HAVERI, TQ AND DIST: HAVERI – 581 110. …PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: MAHAMADNAJEERUDDIN @ SRI. NAJEERUDDIN 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. SHETTY, 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. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8927 CMP No. 100005 of 2025 THIS 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. 4. Clause 9 of the Agreement dated 07.08.2019 is reads as under: - 3 - HC-KAR NC: 2025:KHC-D:8927 CMP No. 100005 of 2025 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. 9. Mutual submission made by learned counsel for the parties is taken on record. - 4 - HC-KAR NC: 2025:KHC-D:8927 CMP No. 100005 of 2025 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.: 6