- 1 - HC-KAR NC: 2025:KHC:34670 CMP No. 216 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO. 216 OF 2025 BETWEEN: 1. MR. HECTOR D'SOUZA S/O LATE ALEX D'SOUZA. AGED ABOUT 62 YEARS 2. MRS. SIMMI D'SOUZA D/O LATE ALEX D'SOUZA. AGED ABOUT 60 YEARS, 3. MR. STEEVEN D'SOUZA S/O LATE ALEX D'SOUZA, AGED ABOUT 57 YEARS, 4. MR. SUNIL D'SOUZA S/O LATE ALEX D'SOUZA, AGED ABOUT 52 YEARS 5. MRS. ANITHA D'SOUZA D/O LATE ALEX D'SOUZA, AGED ABOUT 50 YEARS 6. MR. ARUN VINKAL D'SOUZA S/O LATE ALEX D'SOUZA, AGED ABOUT 44 YEARS PETITIONER NOS. 1 TO 6 ARE R/AT PUTTAPPANAGUDI STREET, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34670 CMP No. 216 of 2025 NEAR OLD BUS-STAND, WARD NO. 19, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT - 562 110. 7. MRS. ZEETA D'SOUZA W/O LATE PETER D'SOUZA, AGED ABOUT 58 YEARS, 8. MS. ALFRIDA D'SOUZA D/O LATE PETER D'SOUZA, AGED ABOUT 25 YEARS PETITIONER NOS. 7 AND 8 ARE R/AT 20TH WARD, PUTTAPPA TEMPLE STREET, DEVANAHALLI, BENGALURU RURAL DISTRICT - 562 110 9. MRS. SWEEDAL D'SOUZA D/O LATE PETER D'SOUZA, AGED ABOUT 28 YEARS, RESIDING AT HOUSE NO.11-89, PILLICHANDI ROAD, UDYAVARA, UDUPI - 574 118. PETITIONER NOS.1, 2, 4 TO 9 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER AND PETITIONER NO.3 MR. STEEVEN D'SOUZA, S/O LATE ALEX D'SOUZA, AGED ABOUT 54 YEARS …PETITIONERS (BY SRI. S. RAJASHEKAR, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:34670 CMP No. 216 of 2025 AND: 1. SRI. G. CHANDRANNA S/O LATE H.V. GOPALAKRISHNA, AGED ABOUT 70 YEARS, RESIDING AT NO.29, 2ND CROSS, CHEERANJEEVI LAYOUT, KEMPAPUR, HEBBAL, BENGALURU - 560 024. 2. SRI. R. KRISHNAPPA, S/O LATE REDDAPPA, AGED ABOUT 76 YEARS, RESIDING AT "LAKSHMI NILAYA", NO.105, 4TH CROSS, 5TH MAIN, PAPANNA BLOCK, GANGANAGAR, BENGALURU - 560 032. …RESPONDENTS (BY SRI. NARASIMHARAJU, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR UNDER CLAUSE NO.9(b) TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES AND ALLOW THE SAID ARBITRATOR TO ENTER UPON THE REFERENCE AND ADJUDICATE THE DISPUTE AND DIFFERENCES BETWEEN THE PARTIES ARISING OUT OF THE JOINT DEVELOPMENT AGREEMENT DATED 11.03.2014 VIDE ANNEXURE A. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:34670 CMP No. 216 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsels appearing for the parties. 2. Sri. S. Rajashekar, learned counsel appearing for the petitioners invited the attention of the Court to the clause-9 of the Joint Development Agreement dated 11.03.2014 (Annexure - A) which provides for Arbitration, to address the dispute/difference that arise between the parties. 3. It is also argued by the learned counsel appearing for the petitioners that, though the respondents herein have to obtain appropriate permission from the competent authority for approval of layout plan by Bangalore International Airport Area Planning Authority (for short 'the BIAAPA'), same has not been approved, hence, sought for interference of this Court for appointment of an Arbitrator. 4. Per contra, Sri. Narasimharaju, learned counsel appearing for the respondents submitted that, the claim made by the petitioners is barred by limitation in law and accordingly, sought for dismissal of the petition. - 5 - HC-KAR NC: 2025:KHC:34670 CMP No. 216 of 2025 5. In the light of the submissions made by the learned counsels appearing for the parties, on careful examination of the recitals in the Joint Development Agreement dated 11.03.2014 (Annexure - A) wherein Clause-9 provides for appointment of an Arbitrator for resolution of the dispute/difference between the parties, though the learned counsel appearing for the respondents submitted that, claim made by the petitioner is belated one, however, by looking into clause-A of the Joint Development Agreement produced at Annexure - A which stipulates that the respondents herein undertook to complete the entire development work by obtaining appropriate approval from the competent authority - BIAAPA. In the absence of such compliance has been made by the respondents herein, I am of the view that, the arguments advanced by the learned counsel appearing for the respondents cannot be accepted. Therefore, I am of the view to appoint Sri. Kukkaje Ramakrishna Bhat, retired District Judge as an Arbitrator to resolve the dispute between the parties. 6. Hence, this Civil Miscellaneous Petition is disposed of. - 6 - HC-KAR NC: 2025:KHC:34670 CMP No. 216 of 2025 7. In order to avoid further delay in the matter, the parties are directed to appear through their learned counsels before the Arbitration and Conciliation Centre, Bengaluru on 08.10.2025 at 11.00 a.m. SD/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 25 CT: BHK