- 1 - HC-KAR NC: 2025:KHC:45351-DB WP No. 470 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 470 OF 2025 (GM-RES) BETWEEN: M/S. NU-TECH PRASIDDHI CONSORTIUM A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.110, RAILWAY PARALLEL ROAD, KUMAR PARK WEST, BENGALURU-560 020. AND PRESENTLY AT NO. 79, BHAGYASHREE COMPLEX, 80 FEET ROAD (OPP M.S.R. HOSPITAL GATE), DEVASANDRA SANJAYNAGAR, RMV II STAGE, BENGALURU-560 094. REPRESENTED BY ITS MANAGING PARTNER AND AUTHORIZED SIGNATORY, SRI.B.SRINIVAS. …PETITIONER (BY SRI. D.R.RAVISHANKAR., SENIOR COUNSEL A/W SRI. A.MAHESH CHOWDHARY., ADVOCATE) AND: SRI. K.PRABHAKAR RAO S/O LATE GOPAL RAO, AGED 84 YEARS, RESIDING AT NO.54, EAST ANJANEYASWAMY TEMPLE STREET, BASAVANAGUDI, BENGALURU-560 004 …RESPONDENT (BY SRI. VIVEK HOLLA., ADVOCATE FOR SRI. CHENNAKESHAVA.B.S., ADVOCATE) - 2 - HC-KAR NC: 2025:KHC:45351-DB WP No. 470 of 2025 THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO SUBSTITUTE AND APPOINT A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE PENDING BETWEEN THE PARTIES IN A.C.NO.435/2022 ANNEXURE-L, TO INVALIDATE AND VOID ALL PROCEEDINGS AND ORDERS AFTER THE MANDATE HAS TO COME TO AN END ON 03/07/2024 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The petitioner is the claimant in a claim petition bearing Arbitration Case No. 435/2022, arising out of a Joint Development Agreement dated 20.07.2005, executed between the petitioner and the respondents. Besides, it appears that, regarding a dispute under the said Joint Development Agreement, there exists an arbitration clause for settling disputes between the parties through the mechanism of arbitration. A retired Judge of this Court was appointed as the sole arbitrator by this Court in - 3 - HC-KAR NC: 2025:KHC:45351-DB WP No. 470 of 2025 exercise of its power under Section 11(5) of the Arbitration and Conciliation Act, 1996. 2. For certain reasons, the claimant/petitioner now seeks the substitution of another arbitrator in place of the earlier one, as the arbitrator's mandate is alleged to have expired on 03.07.2024. It is contended that the learned arbitrator has continued proceedings thereafter without any extension being granted by the High Court. 3. We are of the considered view that the writ petition, for the reliefs prayed herein, would not be maintainable. Liberty is, however, granted to the petitioner to initiate appropriate proceedings in accordance with law. Accordingly, the writ petition is disposed of. 4. The interim order shall remain in operation for a period of three weeks. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 32 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA