- 1 - HC-KAR NC: 2025:KHC:53229 CMP No. 596 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 596 OF 2025 BETWEEN: M/S. DATTHAARTHA DEVELOPERS LLP LIMITED LIABILITY PARTNERSHIP CONCERN HAVING ITS REGISTERED OFFICE AT 69/1, 4TH FLOOR, OPPOSITE DOMLUR POST OFFICE, BENGALURU 560 071 REPRESENTED BY ITS PARTNER, MS. BHAVANA M.R. …PETITIONER (BY SMT. KOUAHIK M.S, ADVOCATE) AND: 1. ST. MICHAELS HOME/CONVENT HAVING ITS OFFICE AT ST. MICHAELS CONVENT, 80 FT. ROAD, INDIRANAGAR, BENGALURU - 560 038 REPRESENTED BY ITS PRESIDENT. 2. THE PROVINCE LEADER, PROVINCE OF THE SISTERS OF GOOD SHEPHERD (ALSO KNOWN AS CONGREGATION OF THE SISTERS OF GOOD SHEPHERD) HAVING ITS PROVINCIALATE AT SHANTHI NILAYA, NO. 12, CORNWELL ROAD, LANGFORD GARDENS, BENGALURU 560 025 REPRESENTED BY ITS PROVINCE LEADER …RESPONDENTS (BY SRI. G.V. SHASHI KUMAR, ADVOCATE FOR R1 & R2) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR, TO ADJUDICATE UPON ALL CLAIMS AND DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES UNDER THE CLAUSE 8 OF THE AGREEMENT TO SELL DATED 03.12.2021 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53229 CMP No. 596 of 2025 (ANNEXURE H) IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND RULES THEREOF. 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: a. Appoint a sole arbitrator, to adjudicate upon all claims and disputes that have arisen between the parties under the clause 8 of the agreement to sell dated 03.12.2021 (Annexure H) in accordance with the provisions of the arbitration and conciliation act, 1996 and rules thereof. b. Grant such other and further reliefs as this Hon'ble Court may deem fit in the interests of justice and equity. 2. The petitioner and respondents have entered into a sale agreement on 3.12.2021, which is governed by an arbitration Clause in terms of Clause 8 thereof, which is reproduced hereunder for easy reference; 8. DISPUTE RESOLUTION Any disputes which may arise between the parties arising out of or in relation to this Agreement shall be resolved mutually by both parties and in the event of failure by reference to arbitration under the Provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in - 3 - HC-KAR NC: 2025:KHC:53229 CMP No. 596 of 2025 English. The seat of arbitration shall be Bangalore City. A sole arbitrator shall be appointed to decide all disputes between the parties. 3. Alleging that there is a dispute which has arisen between the parties, the petitioner issued a notice on 17.07.2025 invoking the arbitration Clause and nominating its arbitrator, as also filed a proceeding under Section 9 of the Arbitration and Conciliation Act, 1996 in Com.A.A.285 of 2023, where an ad- interim order of injunction has been passed. No reply has been received from respondents, the petitioner has filed the above petition. 4. Notice having been issued, respondent had entered appearance through his counsel. 5. The submission of Sri.G.V.Shashi Kumar., learned counsel for respondent is that the dispute inter se between the partners of the petitioner and as such dispute between the petitioner and the respondent could not be sorted out. 6. He, however, does not deny the execution of the sale agreement and the existence of the arbitration - 4 - HC-KAR NC: 2025:KHC:53229 CMP No. 596 of 2025 Clause. Whether there is a dispute between the partners of the petitioner or not that could always be a defence which would be available for the respondent before the arbitrator, so appointed. The same will not come in the way of this Court appointing an arbitrator. 7. In that view of the matter, I pass the following; ORDER i. CMP is allowed. ii. Shri.Justice Anand Byra Reddy., 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 & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to - 5 - HC-KAR NC: 2025:KHC:53229 CMP No. 596 of 2025 appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 12.01.2026. v. All contentions are kept open. vi. Original and/or certified copies if produced are directed to be returned to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 82