- 1 - HC-KAR NC: 2025:KHC:51645 CMP No. 482 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 482 OF 2024 BETWEEN: SMT SARASWATHI SRINATH AGED ABOUT 50 YEARS, D/O T.S.KRISHNAMURTHY, W/O K.G.SRINATH, PRESENTLY RESIDING AT NO C-1002, SALAPURIA SERENITY APARTMENT, 5TH MAIN, HSR 7TH SECTOR, BENGALURU SOUTH, BENGALURU- 560 102. …PETITIONER (BY SRI. DASHRATH T M., ADVOCATE) AND: SRI M K SATHYA PRASAD AGED ABOUT 67 YEARS, S/O LATE M.KESHAVA MURTHY, PRESENTLY RESIDING AT NO.11/21, 4TH CROSS, 1ST BLOCK, JAYANAGAR, BANGALORE- 560 011. …RESPONDENT (BY SRI. SANJAY KRISHNA V., ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXERCISE THE POWER UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER CLAUSE 6 OF THE AGREEMENT TO SELL DATED 14.10.2007 ANNEXURE-C., AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51645 CMP No. 482 of 2024 THIS PETITION, COMING ON FOR ORDERS, 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 relief: "Exercise the power under Section 11(6) of the Arbitration and Conciliation Act, 1996 and appoint an Arbitrator to adjudicate the dispute between the petitioner and the respondent as per Clause 6 of the Agreement to Sell dated 14.10.2007 Annexure-C." 2. After arguing for some time, both the counsel submit that the matter may be initially referred to mediation and if the mediation is not successful to arbitration by keeping all contentions open. 3. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) The matter is referred to Bangalore Mediation Centre. The Director, Mediation Centre is requested to depute a Mediator to resolve the dispute between the parties amicably. - 3 - HC-KAR NC: 2025:KHC:51645 CMP No. 482 of 2024 iii) Since the order is passed in the presence of both the counsel, the parties shall appear at 2.30 p.m. on 16.12.2025 before the Director, Bengaluru Medication Center. iv) In the event of mediation not being successful, the matter is referred to Arbitration. v) Hon'ble Justice Sri. Nabirasul S. Mamadapur, a former District Judge of District Judiciary is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. vi) All contentions are left open. vii) 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. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 42