- 1 - HC-KAR NC: 2025:KHC:30854 CMP No. 522 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 522 OF 2024 BETWEEN: SMT SARALA HALAGERI AGED ABOUT 48 YEARS, W/O EX-SERVICEMAN RAMESH HALAGERI, NO. 24A, SURABHI NILAYA, NANDAGOKULA LAYOUT, L R BANDE, 1ST CROSS, 7B MAIN, ARABIC COLLEGE POST, BANGALORE - 560 045. …PETITIONER (BY SRI. SHIVAKUMAR N., ADVOCATE) AND: 1. MR RANGAPPA @ PANDURANGAPPA AGED ABOUT 72 YEARS, S/O MUNISHAMAPPA, MARALUKUNTE, BAGALUR, BANGALORE NORTH, BANGALORE - 562149. 2. MRS. SUNITHA R AGED ABOUT 42 YEARS, W/O P SOMANNA, D/O RANGAPPA ALIAS PANDURANGAPPA CHOKKANAHALLI, BANGALORE NORTH, MARENAHALLI, BANGALORE - 562149. 3. MRS. KOMALA R AGED ABOUT 40 YEARS, W/O MANJUNATH, D/O RANGAPPA ALIAS PANDURANGAPPA Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30854 CMP No. 522 of 2024 NO.37, SHAMPURA MAIN ROAD, LAKSHMAIAH LAYOUT, BANGALORE NORTH BANGALORE - 560045. 4. MRS. ANITHA R AGED ABOUT 37 YEARS, W/O RAMANJINI M, D/O RANGAPPA ALIAS PANDURANGAPPA MARALUKUNTE VILLAGE, JALA HOBLI, BANGALORE - 562149. 5. MR. VEEREGOUDA R AGED ABOUT 35 YEARS, S/O RANGAPPA ALIAS PANDURANGAPPA NO.90, MARALUKUNTE VILLAGE, JALA HOBLI, BANGALORE - 562149. 6. MRS. SHAILAJA R AGED ABOUT 30 YEARS, D/O RANGAPPA ALIAS PANDURANGAPPA MARALUKUMTE VILLAGE, JALA HOBLI, BANGALORE - 562149. …RESPONDENTS (BY SRI. VARADARAJA P N., ADVOCATE FOR R1 TO R6) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT, SCHEME 1996 ON BEHALF OF THE PETITIONER PRAYING TO APPOINT A FIT AND PROPER PERSON AS THE SOLE ARBITRATOR TO ADJUDICATE UPON THE DISPUTES AND DIFFERENCES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS OUT OF OR IN CONNECTION WITH THE REGISTERED AGREEMENT TO SELL DATED 15.03.2019 EXECUTED BETWEEN BOTH THE AFORESAID PARTIES IN ACCORDANCE WITH CLAUSE 10 OF THE AGREEMENT AT ANNEXURE A TO THE PETITION, AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30854 CMP No. 522 of 2024 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. The petitioner has sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties out of or in connection with the Registered Agreement of Sale dated 15.03.2019 (Annexure-A) executed between the parties, as per Clause 10 of the aforesaid Agreement in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 3. Learned counsel appearing for the petitioner submitted that, the respondents, contrary to the terms of the Agreement to Sell dated 15.03.2019 (Annexure-A), have failed to perform their obligation. Therefore, in compliance of Section 21 of the Act, 1996 the petitioner issued legal notices to the respondents and the respondents denied their consent for resolution of dispute through arbitration. Hence, this petition. 4. In the backdrop of the aforementioned facts on record, and having taken note of Clause 10 of the Agreement of Sale dated 15.03.2019 (Annexure-A) executed between the - 4 - HC-KAR NC: 2025:KHC:30854 CMP No. 522 of 2024 parties, which contains a provision for resolution of disputes through arbitration, I am of the view that, this petition under Section 11(6) of the Act, 1996 be allowed. Shri Justice S S Nagarale, Retired District Judge, is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. 5. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal. 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter. 7. Registry is directed to return all original documents produced by the parties after obtaining Photostat copies of the same. 8. Since the parties are represented through their learned counsel, and to avoid further delay in the matter, the - 5 - HC-KAR NC: 2025:KHC:30854 CMP No. 522 of 2024 parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru, on 09.09.2025 at 11 am. SD/- (E.S.INDIRESH) JUDGE rs List No.: 2 Sl No.: 11