- 1 - HC-KAR NC: 2025:KHC:41969 CMP No. 114 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 114 OF 2023 BETWEEN: M/S N.S. INFRA A REGISTERED PARTNERSHIP HAVING ITS FFICE AT NO. D NO. 4 BC 409, SRI VARI NILAYA, 4TH A MAIN, 4TH B CROSS, KASTURI NAGAR BDA LAYOUT, RAMAMURTHY NAGAR, OPP UTTAM SAGAR HOTEL, BANGALORE EAST, DOORAVANINAGAR, BANGALORE - 560 016. BY ITS MANAGING PARTNER MR. G.A. MUNIRAJU, S/O LATE SRI. ANNAYAPPA. …PETITIONER (BY SRI. VISHNU M.S, ADVOCATE FOR SRI. PRASANNA KUMAR C.S, ADVOCATE) AND: 1. MR. V PUSHPA RAJ AGED ABOUT 60 YEARS S/O V VENUGOPAL R/AT NO.41, RANASINGH PET, POLICE ROAD, BANGALORE - 560 053. 2. MR. MUSHTAQ AHMED M F AGED ABOUT 56 YEARS S/O SRI FAZLUR RAHMAN Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41969 CMP No. 114 of 2023 R/AT NO. 135, 3RD MAIN, VYALIKAVAL, BANGALORE - 560 003. …RESPONDENTS (R1 - V PUSHPA RAI, SERVED; R2 - MUSHTAQ AHMED M.F - SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996 R/W RULE 4 OF THE HIGH COURT OF KARNATAKA, ARBITRATION (PROCEEDINGS BEFORE THE COURTS) RULES, 2001, PRAYING TO APPOINT A SOLE ARBITRATOR AS THIS HONBLE COURT MAY DEEM FIT AND REFER THE DISPUTES RAISED BY THE PETITIONER FOR ADJUDICATION TO THE SAID PERSON, AS PER CLAUSE 9.1 OF THE AGREEMENT OF SALE DATED 22/07/2019 OF ANNEXURE-C. 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 as this Hon'ble court may deem fit and refer the disputes raised by the Petitioner for adjudication to the said person, as per clause 9.1 of the Agreement of sale dated 22/07/2019 of Annexure-C. - 3 - HC-KAR NC: 2025:KHC:41969 CMP No. 114 of 2023 (b) Grant such other relief or reliefs as this Hon'ble Court may deem fit to grant in the interest of justice and equity. 2. The petitioner and the respondent had entered into an agreement of sale on 22.07.2019, which is governed by Arbitration Clause 9.1, which is reproduced herein: "9) CONSEQUENCE OF BREACH 9.1 - In the event of either party to this agreement committing breach, the aggrieved party shall be entitled to enforce specific performance of this contract and also recover all costs, expense and loses incurred by the aggrieved party, as a consequence of such breach from the party committing breach. In the alternative in the event of there being any dispute with regards to this agreement or under this agreement or interpretation of any of the terms and conditions of this agreement the same may be referred to arbitration of a sole Arbitrator to be appointed by the VENDORS / PURCHASER herein and such Arbitration proceedings shall be in English and as per the provisions of Arbitration and Conciliation Act, 1996, The scat of such Arbitration shall be Bangalore." 3. The petitioner had issued a notice on 14.12.2022 making certain claims against the respondent. Subsequently, the petitioner invoked the arbitration clause and issued a notice on 23.01.2023, nominating his arbitrator. The said notice having been served on 07.02.2023, there is no response - 4 - HC-KAR NC: 2025:KHC:41969 CMP No. 114 of 2023 which has been received by the petitioner. In that background, the petitioner approached this Court seeking for the aforesaid reliefs. 4. Notice having been ordered on the respondents, the respondents though served, have chosen not to appear before this Court. 5. In that view of the matter, being of the opinion that the dispute between the parties is required to be adjudicated by way of arbitration in terms of arbitration clause 9.1 as extracted above, I pass the following: ORDER i. CMP is allowed. ii. Smt. Justice Rathnakala, a 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. - 5 - HC-KAR NC: 2025:KHC:41969 CMP No. 114 of 2023 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 both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any notice on 03.11.2025 at 2.30 p.m. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 6