- 1 - HC-KAR NC: 2025:KHC:49766 CMP No. 416 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 416 OF 2024 BETWEEN: MR. SHASHANKA K B AGED ABOUT 47 YEARS, S/O LATE BHASKARA K S PROPRIETOR SRISMRUTHI BUILDERS NO.915, GROUND FLOOR, 2ND A CROSS, KALIDASA NAGAR, HOSAKEREHALLI, BANASHANKARI 3RD STAGE BENGALURU-560085. …PETITIONER (BY SRI. GIREESHA KODGI., ADVOCATE) AND: SMT. G V PUSHPAVENI W/O LATE SRI. LAKSHMIPATHI AGED ABOUT 62 YEARS RESIDING AT: NO.1615 5TH CROSS, 3RD MAIN, JUDICIAL LAYOUT, GKVK POST, BENGALURU- 560 065 …RESPONDENT (BY SRI. KALYAN R., ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO GRANT THE FOLLOWING RELIEFS- APPOINT A SOLE ARBITRATOR TO ENQUIRE INTO AND PASS AN AWARD IN THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER THE CLAUSE 10 OF Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49766 CMP No. 416 of 2024 CONSTRUCTION AGREEMENT OF DATED 07.08.2022 VIDE ANNEXURE A., AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: WHEREFORE the petitioner above named prays that this Court may be pleased to grant the following reliefs. (a) Appoint a Sole Arbitrator to enquire into and pass an award in the dispute between the petitioner and the respondent as per the clause 10 of Constitution Agreement of dated 07.08.2022 vide Annexure-A; (b) Award the costs of this petition and (c) Any other appropriate relief. 2. Learned counsel for the respondent after arguing for some time, submits that the respondent has no objection to allow the above petition subject to all conditions being left open, including the aspect of the counterclaim raised by the respondent. 3. In that view of the matter, I pass the following: - 3 - HC-KAR NC: 2025:KHC:49766 CMP No. 416 of 2024 ORDER i) The CMP is allowed. ii) Sri A.V. Vaidya, a former Senior Civil Judge of the District Judicial Department is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii) Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful. iv) Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any notice on 11.12.2025 at 2.30 p.m. v) Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. - 4 - HC-KAR NC: 2025:KHC:49766 CMP No. 416 of 2024 vi) All contentions are left open. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 38