- 1 - HC-KAR NC: 2025:KHC:46826 CMP No. 107 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 107 OF 2024 BETWEEN: SKYLINE DEVELOPERS, 206 AND 207 SOPHIAS CHOICE ST. MARK ROAD BENGALURU- 560 001 REPRESENTED BY ITS PARTNER MR AVINASH PRABHU …PETITIONER (BY SRI. J P DARSHAN., ADVOCATE) AND: MR NIREN JAYAPAL AGED 33 YEARS S/O MR PETTAI JAYAPAL R/A NO.29/2, 4TH CROSS PATEL MUNIYAPPA LAYOUT R T NAGAR BANGALORE- 560 032 …RESPONDENT (BY SRI. ANAND MUTTALLI., ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO PASS AN ORDER OF INJUNCTION- APPOINT SOLE ARBITRATOR TO DETERMINE AND ADJUDICATE THE DISPUTE BETWEEN THE PARTYS ACCORDANCE WITH ARBITRATION CLAUSE 24 IN SALE CUM CONSTRUCTION AGREEMENT DATED 11/05/2012 AS PRODUCED AS ANNEXURE-B AND WITH PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996., AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46826 CMP No. 107 of 2024 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. “i. APPOINT Sole Arbitrator to determine and adjudicate the dispute between the party’s accordance with arbitration clause 24 in the Sale cum Construction Agreement dated 11.05.2012 as produced as ANNEXURE-B and with provisions of the arbitration and Conciliation Act, 1996. ii. Grant such other relief/s as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity. iii. Award costs, in the interest of justice and equity.” 2. After arguing for some time, both the counsel submit that the matter may be referred to an independent Arbitrator, leaving all the contentions open to be adjudicated by the Arbitrators who is to be appointed including the arbitrability clause. 3. In that view of the matter, I pass the following: - 3 - HC-KAR NC: 2025:KHC:46826 CMP No. 107 of 2024 ORDER i. CMP petition is Allowed. ii. Sri. Kadalur Sathyanarayana Char, a former District Judge, of the District Judiciary, State of Karnataka 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. All contentions including that of arbitrability are left open to be decided by the learned arbitrators. iv. Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre on 04.12.2025 at 2.30 p.m. without requirement of any further notice. v. Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful and also directed to return the originals and all certified copies that have been produced, by following due process. SD/- (SURAJ GOVINDARAJ) JUDGE JJ List No.: 1 Sl No.: 14