- 1 - HC-KAR NC: 2025:KHC:30258 CMP No. 202 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 202 OF 2025 BETWEEN: 1. SRI. B. S. IQBAL S/O LATE BASHU SAB, SINCE DECEASED BY HIS LRS., 1(A) SMT.SHATAJUNNISA W/O LATE B.S.IQBAL, AGED ABOUT 56 YEARS. 1(B) SRI AKMAL PASHA, S/O LATE B.S.IQBAL AGED ABOUT 43 YEARS. 1(C) SRI TAJJAMUL PASHA S/O LATE B.S.IQBAL AGED ABOUT 43 YEARS REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER MR.ARIF KHAN, S/O LATE KARIM KHAN AND SRI.MAQBOOL AHMED NO.67/1, A.S.CHAR STREET BANGALORE 560 053. ALL ARE RESIDENTS OF NO.11/1, 10TH CROSS, HOSALLI MAIN ROAD, PADARAYANAPURA, BENGALURU-560 026 Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30258 CMP No. 202 of 2025 2. I.S.MUNEER S/O IDRIS MIYAN AGED ABOUT 57 YEARS R/O VIJAYANAGAR, WHITEFIELD (POST), BANGALORE-560 066. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR. ARIF KHAN, S/O LATE KARIM KHAN AND SRI. MAQBOOL AHMED NO.67/1, A.S.CHAR STREET BANGALORE 560 053. 3. MAQBOOL AHMED S/O SYED GHOUSE AGED ABOUT 72 YEARS, R/O NO.67/1, A.S.CHAR STREET, BENGALURU-560 053. 4. YAJAMAN MOTHI VEERANNA S/O LATE YAJAMAN MOTHI DODDAPPA, AGED ABOUT 75 YEARS. R/O NO.2646, 1ST MAIN, 2ND CROSS, MCC B BLOCK, DAVANGERE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR. ARIF KHAN, S/O LATE KARIM KHAN AND SRI. MAQBOOL AHMED NO.67/1, A.S.CHAR STREET BANGALORE 560 053. 5. K.C.FAZLU REHEMAN S/O K.CHAMAN SAB, SINCE DECEASED BY HIS L.RS. 5(A) SRI. MOHAMMED HANEEF S/O.SRI.K.C.RAHAMATHULLA - 3 - HC-KAR NC: 2025:KHC:30258 CMP No. 202 of 2025 AGED ABOUT 26 YEARS, RESIDING AT NO.750 MAGANAHALLI MAIN ROAD, ABOVE G.K.HARDWARE DAVANAGERE-577 002. 5(B) SMT. RAKHIBA BI D/O LATE K.CHAMAN SAB AGED ABOUT 71 YEARS, RESIDING AT NO.223, NARASAJPET, DAVANAGERE-577 002. 5(C) SRI.K.C.MOHAMMED S/O LATE K.CHAMAN SAB AGED ABOUT 65 YEARS, RESIDING AT NO.223 NARASAJPET, DAVANAGERE-577 002. 5(D) SMT. SHAKILA BANU BI D/O LATE K.CHAMAN SAB AGED ABOUT 63 YEARS, RESIDING AT NO.223, NARASAJPET DAVANAGERE-577 002. 5(E) SMT. ASIYA BANU D/O LATE K. CHAMAN SAB AGED ABOUT 63 YEARS, RESIDING AT NO.223, NARASAJPET DAVANAGERE-577 002. 5(F) SMT. SUFIYA BANU D/O LATE K.CHAMAN SAB AGED ABOUT 63 YEARS, RESIDING AT NO.223, NARASAJPET, DAVANAGERE-577 002. 5(G) SRI. K. C. AZGAR ALI, S/O LATE K.CHAMAN SAB AGED ABOUT 65 YEARS, RESIDING AT NO.223, NARASAJPET, DAVANAGERE - 4 - HC-KAR NC: 2025:KHC:30258 CMP No. 202 of 2025 REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER MR.ARIF KHAN, S/O LATE KARIM KHAN AND SRI. MAQBOOL AHMED NO.67/1, A.S.CHAR STREET BANGALORE 560 053 PETITIONER NOS. 1 (A) TO (C) AND 2, 4 TO 5(A) TO (G) REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER 6. ARIF KHAN S/O KAREEM KHAN, AGED ABOUT 57 YEARS, R/O NO.1331, 7TH CROSS, 3RD MAIN, K.T.J.NAGAR, DAVANAGERE-577 002. …PETITIONERS (BY SRI. LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE) AND: M/S. SUNDARI SUGARS REPRESENTED BY ITS DIRECTOR, SRI MSN.MURHTY S/O NARISHMAMURTHY AGED ABOUT 62 YEARS. HAVING ITS ADMINISTRATIVE OFFICE AT FLAT NO.503, GEM GARDEN, B-57, 2-2-15/1, D.D.COLONY, HYDERABAD, TELENGALA STATE. NOW SHIFTED TO 8-6-117/5, 1ST FLOOR NAGARJUNA COLONY VASANTHALIPURAM, SAGAR ROAD - 5 - HC-KAR NC: 2025:KHC:30258 CMP No. 202 of 2025 HYDERABAD, TELENGANA STATE PIN 500 070 TELENGANA STATE …RESPONDENT (BY SRI. BADRI VISHAL, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION UNDER SECTION 11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT PRAYING TO APPOINT AN INDEPENDENT NEUTRAL ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN PETITIONER AND RESPONDENT IN TERMS OF CLAUSE NO. 18 OF THE AGREEMENT OF SALE VIDE ANNEXURE-A DATED 30.04.2003. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Shri.L.Chidanandayya, learned counsel appearing for the petitioners and Shri.Badri Vishal, learned counsel appearing for the respondent. 2. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking to appoint the Arbitrator to resolve the dispute between the parties in terms of Clause No.18 of the Agreement of Sale (Annexure-A) dated 30.04.2003. - 6 - HC-KAR NC: 2025:KHC:30258 CMP No. 202 of 2025 3. In this regard, taking into consideration the claim made by the petitioner herein as per the notice dated 28.11.2024 (Annexure-J), this Court is of the opinion that Hon'ble Justice Shri.Sreenivas Harish Kumar, Former Judge of this Court be appointed as the Arbitrator to resolve the dispute between the parties. 4. In order to avoid further delay in the matter, parties are directed to appear before the Arbitration Centre, Bengaluru on 03rd of September, 2025 at 11.00 am, without waiting for further notice from the learned Arbitrator. On the appearance of the parties, the learned Arbitrator is requested to take appropriate steps in the matter. Accordingly, this petition is disposed of. SD/- (E.S.INDIRESH) JUDGE DH, List No.: 1 Sl No.: 37