- 1 - HC-KAR NC: 2025:KHC:53057 CMP No. 316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 316 OF 2025 BETWEEN: 1. SRI P R BALAJI AGED ABOUT 55 YEARS S/O LATE P V RADHAKRISHNA GUPTA 2. SMT P B SUMANA AGED ABOUT 53 YEARS W/O SRI. P.R. BALAJI 3. SMT. P.B. KAVYA AGED ABOUT 25 YEARS D/O SRI. P.R. BALAJI REP. BY HER MOTHER AND GPA HOLDER SMT. P.B. SUMANA AGED ABOUT 53 YEARS W/O SRI. P. R. BALAJI ALL ARE R/AT NO. 88/77 SHIVARAMAKARANTH ROAD CHIKKALLASANDRA BANGALORE -560061 …PETITIONERS (BY SRI. B C AVINASH., ADVOCATE) AND: 1. M/S BHUMI ENTERPRISES A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO. 812 3RD FLOOR VAJARAHALLI 100 FEET ROAD KANAKAPURA ROAD BANGALORE -560062 REP. BY ITS PARTNERS. A. SRI. G.M. SATISH AGED ABOUT 44 YEARS S/O SRI. G. MUNI REDDY. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53057 CMP No. 316 of 2025 B. SRI. RAJINESH R AGED ABOUT 36 YEARS S/O SRI. RAJANNA …RESPONDENTS (BY SRI. MUNIRAJA.M., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT ANY RETIRED DISTRICT JUDGE AS THE SOLE ARBITRATOR TO ADJUDICATE THE CLAIM MADE BY THE PETITIONERS BEFORE THE ARBITRATION CENTRE, BENGALURU AS PER THE TERMS AND CONDITIONS OF JOINT DEVELOPMENT AGREEMENT DATED 14.02.2019 PRODUCED VIDE ANNEXURE A AT CLAUSE (21) TO THIS PETITION CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: (i) TO appoint any Retired District Judge as the Sole Arbitrator to adjudicate the claim made by the petitioners before the Arbitration Centre, Bengaluru as per the terms and conditions of Joint Development Agreement at dated 14/02/2019 produced Vide Annexure-A to this petition considering the facts and circumstances of the case to meet the ends of justice. (ii) Pass any appropriate order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case. 2. The petitioners and the respondents had entered into a Joint Development Agreement on 14.02.2019 - 3 - HC-KAR NC: 2025:KHC:53057 CMP No. 316 of 2025 which is governed by an arbitration clause at Clause 21, which is reproduced hereunder for easy reference: 21.Arbitration: In case any dispute or difference should arise between the parties hereto, in respect of any other matter arising out of or in connection with agreement it shall be referred to a sole Arbitrator to be appointed by both the First and Second Parties and the proceedings shall be held under the provisions of Arbitration and Conciliation Act, 1996 or any statutory modification / amendment thereof. The Arbitration proceedings shall be exclusively held at Bangalore and the proceedings shall be recorded in English. The Civil Court at Bangalore alone shall have jurisdiction in respect of such proceedings. 3. There being certain dispute between the parties, the petitioners had invoked the arbitration clause and issued a notice on 01.04.2025 which was served on the respondents and the respondents replied to the same on 25.04.2025 denying the claims of the petitioners but however the agreement and the existence of the arbitration clause was admitted. 4. The petitioners once again issued a notice on 19.05.2025, which is not replied by the respondents. - 4 - HC-KAR NC: 2025:KHC:53057 CMP No. 316 of 2025 In that background the petitioners are before this Court seeking for the aforesaid reliefs. 5. Notice having been issued, respondents have entered appearance. 6. The learned counsel for respondents submits that the property in question has been acquired for the purpose of peripheral ring road project even before the Joint Development Agreement had been executed and as such, there is suppression of facts made by the petitioners. 7. Even if that be so, these contentions are matters of trial which would have to be adjudicated by the arbitrator so appointed. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Sri.K.H.Mallappa, former District Judge of the District Judiciary is appointed as a sole Arbitrator to arbitrate the dispute between the parties - 5 - HC-KAR NC: 2025:KHC:53057 CMP No. 316 of 2025 under the aegis of the Arbitration Centre attached to this Court. iii) Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful. iv) Since the order is passed in the presence of all the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any notice on 12.1.2026 at 2.30 p.m. v) All contentions are kept open. vi) Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 56