- 1 - HC-KAR NC: 2025:KHC:43883 CMP No. 442 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 442 OF 2023 BETWEEN: M KENCHAPPA S/O BUDDAPPA @ MARAPPA, DEAD BY HIS LRS 1(a) SMT GOWRAMMA W/O LATE M KENCHAPPA, AGED ABOUT 69 YEARS, 1(b) SMT NANDINI D/O LATE M KENCHAPPA, AGED ABOUT 47 YEARS, 1(c) SMT SARASWATHI K D/O LATE M KENCHAPPA, AGED ABOUT 43 YEARS, 1(d) SMT K LEELAVATHI D/O LATE M KENCHAPPA, AGED ABOUT 56 YEARS, 1(e) SRI SRINIVAS K S/O LATE M KENCHAPPA, AGED ABOUT 52 YEARS, ALLA ARE R/AT KAJIVASAHALLI VILLAGE, HOSKOTE TALUK, BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. KUMAR J C., ADVOCATE) AND: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43883 CMP No. 442 of 2023 M/S TRIANGLE REALTY VENTURES PRIVATE LTD HAVING ITS OFFICE AT NO. 5, TRIANGLE HOUSE, 13TH A CROSS, 9TH MAIN, 6TH SECTOR, HSR LAYOUT, BENGALURU 560 102, REPRESENTED BY ITS MANAGING DIRECTOR SRI N H SHARABA REDDY. …RESPONDENT (BY SRI. SARAVANA S.LOKRE., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO EXERCISE THE POWER UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT ONE A. SAMPATH- ADVOCATE, NO.20, 1ST MAIN ROAD, GANDHINAGAR, BENGALURU- 560009 OR THE HON’BLE RETD. JUDGE AS SOLE ARBITRATOR AS PRAYED FOR BY THE PETITIONERS AS PER CLAUSE 23 AND 24.4. OF THE JOINT DEVELOPMENT AGREEMENT DATED 28.02.2014 PRODUCED AS PER ANNEXURE-A IN RESPECT OF THE SCHEDULE PROPERTY AND ETC. THIS CMP, 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) Exercise the power under Section 11(6) of the Arbitration and Conciliation Act, 1996 and appoint one A.Sampath - Advocate, No.20, -1st Main Road, Gandhinagar, Bengaluru 560 009 or the Hon'ble Retired Judge as Sole Arbitrator as prayed for by the petitioners as per Clause 23 and 24.4 of the Joint Development Agreement dated 28.02.2014 - 3 - HC-KAR NC: 2025:KHC:43883 CMP No. 442 of 2023 produced as per Annexure-A in respect of the schedule properties; ii) grant such other relief/s this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case, in the interest of justice and equity; iii) grant cost of this petition and such other reliefs, in the interest of justice and equity; 2. Both the counsels submit that the matter could be referred to an arbitrator for the purpose of recording the settlement between the parties and for passing of the award, so as to be enforceable by either of the parties against the other. 3. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Sri.Pradeep Naik, counsel practicing before this Court is appointed as a sole arbitrator to adjudicate the matter and or to record the compromise between the parties under the aegis of the Arbitration Centre attached to this Court. - 4 - HC-KAR NC: 2025:KHC:43883 CMP No. 442 of 2023 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 12.11.2025 at 2.30 p.m. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 24