- 1 - NC: 2025:KHC-K:2176 CMP No. 200001 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL MISC PETITION NO. 200001 OF 2023 BETWEEN: PRASANTH KONDREDDY S/O ADISESHA REDDY AGE 40 YEARS, OCC: CONTRACTOR, R/O: SOUTHBAY TERRACE, FLAT- E3, 9, FIRST MAIN ROAD, GANDHI NAGAR ADYAR, CHENNAI – 600 020. …PETITIONER (BY SRI MANVENDRA REDDY AND SRI NARENDRA REDDY, ADVOCATE) AND: HASANADANGRI M.KOLHAR S/O MASTHANSAB DASTAGIR KOLHAR AGE: 46 YEARS, OCC: AGRICULTURE, R/O: KUDGI VILLAGE, TQ: BASAVAN BAGEWADI, DIST: VIJAYAPURA – 586 121. …RESPONDENT THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11 (6) OF ARBITRATIONS AND CONCILIATION ACT, 1996, PRAYING TO APPOINTMENT ANY OF THE RETIRED DISTRICT JUDGES TO ARBITRATOR AND FINALLY ADJUDICATE Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2176 CMP No. 200001 of 2023 LITIGATION AMONGST THE PETITIONER AND RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CIVIL MISCELLANEOUS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed invoking Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act, 1996’). 2. The petitioner claims that, an agreement was entered into between the petitioner and the respondent on 12.07.2012, wherein, the petitioner claims to have agreed to purchase the property of the respondent and it is submitted that the petitioner has invested considerable amount pursuant to agreement of sale. It is alleged that respondent is not complying the terms and conditions of the agreement referred to above, despite the petitioner is willing to discharge his obligations. Thus it is stated that the dispute has arisen. 3. It is also stated that the agreement provides for arbitration in the event of dispute between the parties. The - 3 - NC: 2025:KHC-K:2176 CMP No. 200001 of 2023 petitioner further claims that he has issued a notice on 22.06.2022 to the respondent to agree for arbitration. It is noticed that the notice is duly served. However, there is no response to the said notice. It is also noticed that no arbitrator is mentioned in the notice under Section 11(5) of the Act, 1996. 4. The petitioner is before this Court to appoint an arbitrator to resolve the dispute. 5. This Court has pursued the records. 6. The agreement dated 12.07.2012, provides for arbitration in the event of dispute. It is noticed that the original agreement is not produced. 7. Learned counsel for the petitioner submits that the original agreement is with the respondent. The respondent has not turned up before this Court disputing the contentions. It is also noticed that the notice under Section 11(5) of the Act, 1996, is duly served on the respondent and there is no response to the said notice. 8. Under these circumstances, the petition is allowed. - 4 - NC: 2025:KHC-K:2176 CMP No. 200001 of 2023 9. Sri. Arun Choudapurkar, retired District Judge is requested to be the sole arbitrator. The Registry shall send the copy of the order to the Sri. Arun Choudapurkar, retired District Judge. The arbitrator shall thereafter proceed in accordance with the provision of the Act, 1996. 10. It is further made clear that nothing is expressed on the merits of the claim of the petitioner. 11. All contentions are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM List No.: 1 Sl No.: 43