- 1 - HC-KAR NC: 2025:KHC:51209 CMP No. 418 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 418 OF 2021 BETWEEN: GRAVITY ONE LIVING SPACE PVT. LTD., A COMPANY INCORPORATED AND REGISTERED UNDER COMPANIES ACT 2013 WITH ITS REGISTERED OFFICE AT NO.1062, VISHNUVARDHANA ROAD OPP. ZILLA PANCHAYATH CHAMARAJPURAM, MYSURU - 570 005 REPRESENTED BY ITS DIRECTOR …PETITIONER (BY SRI. N DEVADAS, SENIOR COUNSEL FOR SRI.RUPESH KUMAR S., ADVOCATE) AND: NAAGAMMA AGED ABOUT 56 YEARS W/O LATE CHAMARAJU R/AT MARATIKYATHANAHALLI JAYAPURA HOBLI MYSURU TALUK - 570 026 …RESPONDENT (BY SRI. ROOPESHA B., ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A. APPOINT A SOLE ARBITRATOR NAMELY HON'BLE RETIRED DISTRICT JUDGE, KAMALA OR ANY OTHER RETIRED DISTRICT JUDGE TO ADJUDICATE UPON THE LIS BETWEEN THE PARTIES AROSE UNDER THE JOINT DEVELOPMENT AGREEMENT DATED 13/03/2013 AS PER ANNEXURE-F. AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51209 CMP No. 418 of 2021 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. appoint a sole Arbitrator namely Hon'ble Retired District Judge Kamala or any other Retired District Judge to adjudicate upon the lis between the parties arose under the Joint Development Agreement dated 13.03.2013 as per Annexure-F. b. Pass such other orders as are necessary in the circumstances of the case. 2. A Joint Development Agreement had been entered into on 13.03.2013 by M/s. Gravity 9 Builders and consultants represented by one Sri.Dhanajaya Basavaraju with the respondent for the Joint Development of the property of the respondent. The said agreement contained in arbitration Clause in terms of Clause 17 thereof, which is reproduced hereunder for easy reference; 17. ಾಾಯ : ಾವೇ ಧಾದ ಜಗಳಗಳ ಅಥಾ ತಂೆತಕಾರು ಉಂಾದ ಅವಗಳನು ಪರಸ!ರ ಬ#ೆಹ%&'ೊಳ)ತಕ*ದು+ ಇಬ-%ಗೂ ಒ/!#ೆಾಗುವ - 3 - HC-KAR NC: 2025:KHC:51209 CMP No. 418 of 2021 ಮಧ1ಸ2#ಾರರನು 3ೕ4ಾ5ನದಂ6ೆ ನ7ೆದು'ೊಳ)ತಕ*ದು+. ಮಧ1ಸ2#ಾರರನು 9ೇಮಕ 4ಾ: ಅವರ 3ೕ4ಾ5ನಂದ6ೆ ನ7ೆದು'ೊಳ)ತಕ*ದು+. ;ಾಗೂ ಇದನು 1996 ಮದ1ಸ2#ಾರರ 'ಾ<+ಗನುಗುಣಾ> ನ7ೆಯುತಕ*ದು+. ;ಾಗೂ 'ಾ@ಾನು'ಾಲ'ೆ* ತಕ*ಂ6ೆ ಬ#ೆಹ%'ೊಳ)ತಕ*ದು+. ;ಾಗೂ ಇದ'ೆ* ಸಂಬಂಧಪಟC ಎ@ಾ ಾ1ಜ1 ಗಳ, Eಕದ+Fಗಳ Fೖಸೂರು & H 9ಾ1ಾಲಯದ ಾ1/Iಯ 3ೕ4ಾ5ನಾಗತಕ*ದು+. 3. Alleging that the dispute which had arisen between the petitioner and respondent, a notice came to be issued on 17.08.2021 seeking for appointment of an arbitrator to adjudicate the dispute between the parties by M/s Gravity One Living Space Pvt. Ltd., a company incorporated and registered under Company Act, 2013. A corrigendum also came to be issued on 24.08.2021. Alleging that the respondent had not agreed to the appointment of an arbitrator, the petitioner had filed a present petition. 4. Notice having been issued to the respondent, the respondent has entered appearance through its counsel. - 4 - HC-KAR NC: 2025:KHC:51209 CMP No. 418 of 2021 5. Sri.N.Devada., learned Senior counsel for the petitioner would submits that; 5.1. The proprietary concern of M/s. Gravity 9 Builders and Consultants has been taken over by M/s Gravity One Living Space Pvt. Ltd., under a Memorandum of Agreement dated 28.06.2018. The said company having been incorporated with the purpose and intent of taking over the business of M/s. Gravity 9 Builders and Consultants, which is a proprietary concern of Mrs.Vanajakshi, along with its assets, liabilities, rights and obligations as a going concern and to continue with the same business. 5.2. On that basis, it is contended that the petitioner is a successor in interest to M/s. Gravity 9 Builders and Consultants and as such the petitioner is entitled to step into the shoes of - 5 - HC-KAR NC: 2025:KHC:51209 CMP No. 418 of 2021 M/s. Gravity 9 Builders and Consultants and enforce the arbitration Clause. 6. I am unable to agree with the submission of the learned counsel for the petitioner inasmuch as the agreement entered into being a Joint Development Agreement comprising of several obligations, an assignment of an obligation cannot be made without the consent of the party to whom the obligation is owed. 7. An inter se private agreement entered into between M/s.Gravity 9 Builders and Consultants and M/s.Gravity One Living Space Pvt. Ltd., cannot bind the respondent without the respondent having concurred and agreed with the said assignment of obligation, as indicated (supra) the agreement being a Joint Development Agreement. 8. In that view of the matter, it cannot be contended that the petitioner replaces or steps into the shoes of - 6 - HC-KAR NC: 2025:KHC:51209 CMP No. 418 of 2021 M/s.Gravity 9 Builders and Consultants to enforce the arbitration Clause. 9. No grounds being made out, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 16