Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53024 CMP No. 516 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. 516 OF 2025 BETWEEN:
SRI V SHRINIVAS BHAT S/O. SRI. VISHWANATH, AGED ABOUT 42 YEARS, R/AT. NO.S-5-17, BUDDA MARGA, NEAR TERISIAN COLLEGE, SIDDARTHANAGARA, MYSURU - 570 011 …PETITIONER (BY SRI. BHAT GANAPATHI NARAYANA, ADVOCATE) AND:
SRI MANCHAPPA S/O SRI. CHIKKAMANCHA @ CHIKKAMANCHAIAH AGED ABOUT 56 YEARS, R/AT. MELLAHALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK, MYSURU DISTRICT - 570 010 …RESPONDENT (BY SMT.KALPANA.P.V, ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND RECONCILIATION ACT, PRAYING TO APPOINT AN SOLE ARBITRATOR IN TERMS OF THE CLAUSE 12 OF THE JOINT DEVELOPMENT AGREEMENT DATED 26.07.2016, REGISTERED AS DOCUMENT NO.3745/2016-17 AS PER ANNEXURE A TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT IN THE INTEREST AND EQUITY.
THIS CMP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53024 CMP No. 516 of 2025
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: a. Appoint an sole arbitrator in terms of the clause 12 of the joint development agreement dated 26.07.2016, registered as document No.3745/2016-17 as per annexure a to resolve the dispute between the petitioner and respondent in the interest and equity.
b. Award cost of the petition and
c. Grant such other relief or reliefs as this Hon'ble Court may be deem fit to grant on the facts and circumstances of the case, in the interest of justice and equity.
2.
Learned counsel for the respondent submits that if the petitioner were to furnish the sharing agreement, the respondent would consider the same and the dispute itself would be resolved.
3. Both the counsels submit that before arbitral proceedings could be taken up, the matter could be referred to mediation to try and explore the possibility of arriving at an amicable resolution, and
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HC-KAR NC: 2025:KHC:53024 CMP No. 516 of 2025
in the event of an amicable resolution not being reached, an Arbitrator could be appointed.
4.
Learned counsel for the petitioner submits that he would furnish the draft of the sharing agreement to the respondent before the end of day 17.12.2025 which is placed on record.
5. In that view of the matter, I pass the following:
ORDER i) CMP is allowed. ii) The matter is referred to mediation. The Director, Karnataka Mediation Centre, is to appoint a mediator to resolve the dispute between the parties. The parties are directed to appear before the Director, Karnataka Mediation Centre on 12.01.2026 at 02.30 p.m.
iii) In the event of mediation being successful, the successful mediation report is to be placed before this Court.
iv) In the event of mediation not being successful, the Director, Mediation Centre, is directed to
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HC-KAR NC: 2025:KHC:53024 CMP No. 516 of 2025
forward a copy of the file to the Director, Arbitration and Conciliation Centre.
v) Sri.J.S.Somashekara, former District Judge of the District Judiciary is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. vi) All contentions are kept open.
vii) 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
LN List No.: 1 Sl No.: 74