- 1 - HC-KAR NC: 2025:KHC:46770 CMP No. 417 of 2025 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. 417 OF 2025 BETWEEN: GLAMP WILDERNESS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT E-40, SECTOR 51, NOIDA 201301, UTTAR PRADESH, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR ROBIN VARGHESE, AGED 54 YEARS, SON OF MR K.P.VARGHESE. …PETITIONER (BY SRI. ARUN B M, ADVOCATE) AND: 1. MR. SYED SHAH MOHIYUDDIN AGED 38 YEARS, SON OF MR RAFEEQ AHAMED, RESIDING AT OLD SBM ROAD, OPPOSITE CAUVERY GRAMEENA BANK, NELAMANGALA TOWN - 562123, BENGALURU RURAL DISTRICT. 2. MRS SUMMIYA BADER AGED 44 YEARS, DAUGHTER OF MR RAFEEQ AHAMED, RESIDING AT NO.5, 22ND MAIN, 19TH CROSS, JP NAGAR 5TH PHASE, BENGALURU- 560078 …RESPONDENTS (R1 & R2 SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46770 CMP No. 417 of 2025 A SOLE ARBITRATOR TO ENTER REFERENCE OF DISPUTES ARISING OUT OF JOINT DEVELOPMENT AGREEMENT DATED 11.12.2022 AT CLAUSE 9:4 AT PAGE NO.46 BETWEEN THE PARTIES (ANNEXURE-C). 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 reliefs: a. Appoint a sole arbitrator to enter reference of disputes arising out of Joint Development Agreement dated 11.12.2022 at Clause 9:4 at Page No.46 between the parties (Annexure-C). b. Pass such further orders as it may deem fit and proper in the facts and circumstances of the case. 2. The Petitioner and the Respondent had entered into a Joint Development Agreement dated 11.12.2022, which is governed by an arbitration clause, in terms of Clause 9, which is reproduced hereunder for easy reference: 9. DISPUTE RESOLUTION, GOVERNING LAW & JURISDICTION: 9.1 This Agreement shall be governed by and construed in accordance with the laws of India. The parties agree that all disputes shall be subject to the - 3 - HC-KAR NC: 2025:KHC:46770 CMP No. 417 of 2025 exclusive jurisdiction of the Courts of Bangalore, Karnataka. 9.2 Without prejudice to any rights under the Agreement, both Parties shall be entitled to any other rights or remedies in law or equity including specific performance, rescission, restitution, or injunctive relief. 9.3 Subject to other provisions of this clause, the parties shall attempt in good faith to mutually resolve any disputes. Whether the law or fact, and any nature whatsoever arising from or with respect to this agreement. 9.4 If there is no amicable settlement reached within 15 days, the dispute shall be referred to a sole arbitrator appointed mutually by both the parties. The Arbitration proceedings shall be carried out in accordance with the Arbitration and Conciliation Act, 1996 and any amendment thereto or any re- enactment for the time being in force. The seat of the Arbitration shall be Bangalore, Karnataka and the language of the Arbitration shall be English. The award rendered by such Arbitrator shall be final and binding on the parties.” 3. There being certain disputes between the parties, the Petitioner invoked the arbitration clause and nominated 3 arbitrators leaving the choice of the arbitrator to be decided by the respondent vide its notice dated 07.03.2025. The respondent having received the said notice denied their liabilities but contended that appointment of an arbitrator has to be in terms of the Arbitration and Conciliation Act. The petitioner thereafter issued a legal notice dated - 4 - HC-KAR NC: 2025:KHC:46770 CMP No. 417 of 2025 12.05.2025 and the Respondent issued a reply notice dated 24.05.2025. In that background, the petitioner is before this Court seeking for the aforesaid reliefs. 4. Notice having been issued, though the Respondents have been served, they have chosen to be unrepresented. 5. A perusal of the documents indicates that there is a Joint Development Agreement between the parties which is being executed and the disputes are required to be adjudicated by way of arbitration Clause 9.4 which has been extracted hereinabove. Petitioner having invoked the arbitration clause, issued notice complying with Section 21 of the Arbitration and Conciliation Act, Respondent not having acceded to the nomination but having contended that the arbitration has to be as per the Arbitration and Conciliation Act, 1996 ex facie there is no dispute as regards the arbitration agreement - 5 - HC-KAR NC: 2025:KHC:46770 CMP No. 417 of 2025 between the parties. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Dr. Justice K. Bhakthavatsala, former judge of this Court 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 all the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any notice on 27.11.2025 at 2.30 p.m. v) All contentions are left open. vi) 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 PRS, List No.: 1 Sl No.: 54