- 1 - HC-KAR NC: 2025:KHC:32082 CMP No. 376 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.376 OF 2025 BETWEEN: 1. SRI. KISHORE BABU S/O. SRI. B. RANGAIAH, AGED ABOUT 57 YEARS, R/AT NO.2152/4 AND 2152/5, STERLING TULIPS APARTMENT, SAHAKARNAGAR, BENGALURU-560 092. AND ALSO AT PLOT NO.803/2 AND 3, VIVEKANANDA NAGAR COLONY, KUKAPALLY, HYDERABAD-500 072. 2. SRI. DANDU MURALI, S/O SRI. BALAKRISHNA REDDY, AGED ABOUT 53 YEARS, R/AT SARADHA NAGAR, CHILLAKUR, POTUPELAM (PANHAYATH), GURJUR (MANDAL), SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524 001. 3. SRI. RAMESH GATTU, S/O SRI. VENKATARAMAIAH, AGED ABOUT 56 YEARS, R/AT NO.601, SREENIDHI TOWERS, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32082 CMP No. 376 of 2025 8-3-988/25, 25A, SBH COLONY, SRINAGAR COLONY, HYDERABAD 500 073. 4. SRI. ATTILA HARIBABU, S/O SRI. PONDAIAH, AGED ABOUT 41 YEARS, R/OF AYYAVARIPALEM, CHILLAKUR MANDAL, NELLORE DISTRICT, ANDHRA PRADESH - 524 410. ALL PETIITONERS ARE REPRESENTED BY THEIR SPA HOLDER SBI VENTURES, BY ITS PROPRIETOR SRI. S.V. RAMACHANDRA GOWDA, S/O. VENKATASWAMY GOWDA, AGED ABOUT 50 YEARS, R/AT CHANDRU NIVAS, NO.3, 13TH MAIN, 5TH CROSS ROAD, SADASHIVANAGAR, BENGALURU -560 089. …PETITIONERS (BY SRI. SEENAPPA K., ADVOCATE) AND: 1. SRI. MUNIHANUMAIAH @ THAMMAIAH S/O LATE SRI. MALLAIAH, AGED ABOUT 83 YEARS, 2. SRI. HANUMANTHARAYAPPA S/O SRI. MUNIHANUMAIAH @ THAMMAIAH, AGED ABOUT 44 YEARS, - 3 - HC-KAR NC: 2025:KHC:32082 CMP No. 376 of 2025 3. SRI. KRISHNAMURTHY S/O SRI. MUNIHANUMAIAH @ THAMMAIAH, AGED ABOUT 42 YEARS, 4. SRI. MALLAPPA S/O SRI. MUNIHANUMAIAH @ THAMMAIAH, AGED ABOUT 39 YEARS, RESPONDENTS NO.1 TO 4 ARE RESIDENTS OF MUDDIANAPALLYA, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 089. …RESPONDENTS (BY SRI. ROHAN HOSMATH, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A ARBITRATORS IN TERMS OF THE AGREEMENT OF SALE DATED 12.04.2019, AS PER CLAUSE 14, AT TYPED PAGE NO.12 THEREIN, VIDE ANNEXURE - B, TO ADJUDICATE UPON THE DIFFERENCES AND DISPUTES BETWEEN THE PARTIES HERETO AND PASS SUCH FURTHER OR OTHER ORDERS AS THIS HON'BLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND THUS RENDER JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 4 - HC-KAR NC: 2025:KHC:32082 CMP No. 376 of 2025 ORAL ORDER In this petition, the petitioners have sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Agreement of Sale dated 12.04.2019 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. Having taken note of the submissions made by the learned counsel appearing for the parties, and upon perusal of Arbitration Clause 14 of the Sale Agreement dated 12.04.2019, I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties. - 5 - HC-KAR NC: 2025:KHC:32082 CMP No. 376 of 2025 4. Accordingly, this petition filed under Section 11 (6) of the Act, 1996 is allowed. Hon'ble Justice, Sri. Rajendra Badamikar, Former High Court 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. - 6 - HC-KAR NC: 2025:KHC:32082 CMP No. 376 of 2025 7. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. 8. Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 22.09.2025 at 11.00 am, without waiting for further notice in this regard. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 19