- 1 - HC-KAR NC: 2025:KHC:45634 CMP No. 243 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 243 OF 2025 BETWEEN: SMT RATHNA H P W/O. LATE RAJEGOWDA H.M. AGED ABOUT 50 YEARS, RESIDING AT NO. 260, 3RD MAIN, 8TH BLOCK, KORAMANGALA, BANGALORE 560095. …PETITIONER (BY SRI. B M HALASWAMY.,ADVOCATE) AND: 1. M/S DIAPHRAGM CONSTRUCTION LLP R/O NO.5/A DEVADEEP NAGAR, OLD PADRA ROAD, VADODARA REPRESENTED BY AUTHORIZED SIGNATORY SACHIN KUMAR S/O. LATE SHIVARAM R/O. NO. 1-181, ULLOUR KANDAVARA, UDUPI KARNATAKA-576217. 2. M/S. DHARMAKESHAV INFRA PVT LTD A PRIVATE LIMITED COMPANY HAVING ITS OFFICE AT NO.10/80, RAJENDRA GUNJ, RAICHUR, KARNATAKA-584102. …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45634 CMP No. 243 of 2025 THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR AND REFER THE CASE FOR ARBITRATION CENTRE TO ADJUDICATE UPON THE DISPUTE BETWEEN THE PARTIES UNDER ARBITRATION CLAUSE 9 OF SPECIFIC PERFORMANCE AND ARBITRATION DATED 31.08.2020 AND ETC. THIS CMP, 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: a. To appoint an Arbitrator and refer the case for Arbitration Centre to adjudicate upon the dispute between the parties under Arbitration clause 9 of the Specific performance and Arbitration dated 31.08.2020. b. To pass any other order or decree as the court may deem fit. 2. The Petitioner by relying on Clause 9 of the Memorandum of Understanding dated 31.08.2020 contends that the relationship between the parties is governed by an arbitration clause. Said clause 9 is reproduced hereunder for easy reference: 9. Specific Performance & Arbitration: - 3 - HC-KAR NC: 2025:KHC:45634 CMP No. 243 of 2025 9.1 In the event of default by the Developer, the Owner shall be entitled to enforce specific performance of this agreement notwithstanding to the fact that the Owner has alternative remedy under this agreement or under the law.” 3. A perusal of the said Clause would only indicate that heading to be specific performance and in arbitration. There is no arbitration agreement as such arrived at between the parties. Hence, reserving liberty to the petitioner to institute such proceedings as may be advised under law, the Petition stands dismissed. 4. The original and certified copies, if any, produced by the petitioner is directed to be returned to the petitioner after following due formalities. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 76