- 1 - HC-KAR NC: 2025:KHC:32081 CMP No. 3 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.3 OF 2025 BETWEEN: 1. B R S KUMAR S/O H RAJSHEKARAIAH AGED ABOUT 53 YEARS R/AT NO.1105 SANJIVINI 10TH MAIN, RPC LAYOUT VIJAYNAGAR BENGALURU - 560040. …PETITIONER (BY SRI. KASHYAP N. NAIK, ADVOCATE) AND: 1. SAMPATHLAL JAIN S/O MITHALALJI JAIN AGED ABOUT 61 YEARS NO.355, 4TH CROSS 19TH MAIN, SADASHIVANAGAR BENGALURU-560080. …RESPONDENT (BY SRI. AKSHAY KUMAR JAIN, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT JUSTICE SUBASH B ADI (RETD JUDGE, HIGH COURT OF KARNATAKA), OR ANY OTHER PERSON THAT THIS HON'BLE COURT MAY Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32081 CMP No. 3 of 2025 DEEM FIT, AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES UNDER THE JOINT DEVELOPMENT AGREEMENT DATED 31.05.2016 AS PER CLAUSE 18 (ANNEXURE-A). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner has sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Joint Development Agreement dated 31.05.2016 in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 2. Heard the learned counsel appearing for the parties. 3. Learned counsel appearing for the petitioner brought to the notice of this court the order dated 14.03.2025 passed in CMP No.33 of 2025 and the operative portion of the order reads as under: - 3 - HC-KAR NC: 2025:KHC:32081 CMP No. 3 of 2025 "ORDER i) The Civil Miscellaneous petition is allowed; ii) Hon'ble Justice Sri. Subash B. Adi, Former Judge, High Court of Karnataka is nominated as an Arbitrator to resolve the dispute between the parties in terms of Clause 18 of the Joint Development Agreement as per the provisions of the Arbitration and Conciliation Act, 1996 and the Rules. The office is directed to communicate this Order to learned Arbitrator and the Arbitration and Conciliation Centre, Bengaluru. All the contentions of the parties are kept open." In that view of the matter, the petition is disposed of in terms of the order dated 14.03.2025 passed by this court in CMP No. 33 of 2025. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 9