- 1 - HC-KAR NC: 2025:KHC:31808 CMP NO.26 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.26 OF 2024 BETWEEN: MRS. ANJANA BALASUBRAMANIAN W/O MR. MANJURPET NARAYANAN BALAJI, AGED ABOUT 47 YEARS, R/AT FLAT A-207, RENAISSANCE TEMPLE BELLS APARTMENTS, 25/1, INDUSTRIAL SUBURB, YESHWANTHPURA BENGALURU - 560 022. REP. BY THE S.P.A. HOLDER MR. NARASIMHA MURTHY AGED ABOUT 40 YEARS, R/AT NO.41/1, 1ST MAIN ROAD, 5TH CROSS, JALAHALLI VILLAGE BENGALURU - 560 013. …PETITIONER (BY SRI. AJIT P.B., ADVOCATE) AND: 1. M/S. SMARTOWNER SERVICES INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PRIVISIONS OF THE COMPANIES ACT, 1956 REGISTERED OFFICE AT: GROUND FLOOR, ALPHA BLOCK, SIGMA TECH PARK, VARTHUR - WHITEFIELD MAIN ROAD, BENGALURU - 560 066. REP. BY ITS FOUNDER CHAIRMAN AND CEO MR. VIKRAM CHARI. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31808 CMP NO.26 OF 2024 ALSO AT: M/S SMARTOWNER SERVICES INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 8TH FLOOR, DELTA BLOCK SIGMA TECH PARK VARTHUR - WHITEFIELD MAIN ROAD BENGALURU - 560 066. 2. M/S PINEHILL PROPERTIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 REGISTERED OFFICE AT: NO.500, EMBASSY CROWN, AGRA ABBAS ALI ROAD, BENGALURU - 560 042. REP. BY ITS AUTHORIZED SIGNATORY MS. ANAMIKA SINHA. …RESPONDENTS (BY SRI. SANTOSH S. NAGARALE, ADVOCATE FOR R1; R2 - SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT ANY RETIRED JUDGE OF THIS HON'BLE COURT OR ANY RETIRED DISTRICT JUDGE AS SOLE ARBITRATOR IN TERMS OF CLAUSE 11 OF THE MASTER SERVICE AGREEMENT DATED 06TH APRIL, 2016 VIDE ANNEXURE-A AND CLAUSE 5.7 OF THE PLOT BOOKING AGREEMENT DATED 02ND JULY, 2016 VIDE ANNEXURE-C TO ADJUDICATE THE DISPUTE ARISING OUT OF THE AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS RAISED BY THE PETITIONER AND RESPONDENTS BEFORE THE KARNATAKA ARBITRATION CENTRE, BENGALURU TO SERVE THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH - 3 - HC-KAR NC: 2025:KHC:31808 CMP NO.26 OF 2024 ORAL ORDER In this petition, the petitioner is seeking appointment of Sole Arbitrator to adjudicate the dispute arising out of the Master Services Agreement dated 06th April, 2016 (Annexure- A) and Plot Booking Agreement dated 02nd July, 2016 (Annexure-C) between the petitioner and respondents, in terms of Clause 11 and 5.7 of the aforesaid agreements respectively. 2. Heard Sri. Ajith P.B., learned counsel appearing for the petitioner and Sri. Santosh S. Nagarale, learned counsel appearing for the respondent No.1. 3. Learned counsel appearing for the parties submit that, in an identical circumstances, this Court in Civil Miscellaneous Petition No.382 of 2021 and connected petitions, by order dated 22nd February, 2022, appointed Sri. Vishwanath Angadi, retired District Judge to act as a Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru. 4. Having heard the learned counsel appearing for the parties and on careful examination of the order passed by this - 4 - HC-KAR NC: 2025:KHC:31808 CMP NO.26 OF 2024 Court in the aforesaid petitions, I am of the view that the similar issue is involved in the case on hand. Accordingly, Sri. S.R. Somashekara, District Judge (Retired) is appointed to act as the Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru as per the extent Rules. 5. All claims and contentions of the parties are 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. 7. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE ARK