- 1 - NC: 2024:KHC-K:1092 CMP No. 200004 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC PETITION NO. 200004 OF 2022 (RES) BETWEEN: AL-SHAZAN ANAS ENTERPRISES GULBARGA, THROUGH ITS PARTNERS, ABDUL HAKEEM S/O MD. ISMAIL, AGE:59 YEARS, R/O. H.NO. 4-551, SANTRASWADI, NEAR KADAMMA TEMPLE, KALABURAGI-585102. AHMED ALI S/O MD. IBRAHIM, AGE:48 YEARS, R/O. H.NO. 28-25, KGN COLONY, AZADPUR ROAD, KALABURAGI-585102. …PETITIONER (BY SRI. GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE) AND: SYED ABDUL RASOOL S/O ABDUL RAZAK ABANSHA, AGE:79 YEARS, Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC-K:1092 CMP No. 200004 of 2022 OCC: BUSINESS, R/O. HOUSING BOARD COLONY, SEDAM, TQ: SEDAM, DIST. KALABURAGI-585106. …RESPONDENT (NOTICE TO RESPONDENT SERVED BUT, UNREPRESENTED) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT THREE ARBITRATORS TO ADJUDICATE THE DISPUTE AS REFERRED AND ALL OTHER ALLIED DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT HEREIN REGARDING THE CLAIM OF THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1. This petition is filed by the petitioner under S.11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of Arbitrators for resolution of dispute between the parties. 2. Having heard the learned counsel appearing for the petitioner and taking into account Clause (7) of the Joint Development Agreement dated 13.08.2014, I am of the view that the parties be directed to approach Sri. Satyanarayana, retired District Judge, as an umpire and two other Arbitrators namely Sri. Arun Choudapurkar, retired District Judge and - 3 - NC: 2024:KHC-K:1092 CMP No. 200004 of 2022 Sri. Vinayak Apte, Advocate, to resolve the dispute as mentioned in the petition. 3. Registry is directed to send the particulars of the Memorandum of Petition along with copy of this order to the learned Arbitrators as mentioned below, to enable them to take further action in the matter: 1. SRI. KADLOOR SATYANARAYANACHARYA Dist. & Sessions Judge (Rtd.) “ EESHAVASYA ” H. No.1-867/40 Opp: KUDA Garden Near Hanuman Temple, Venkatesh Nagar, KALABURAGI – 585 102. 2. SRI. ARUN CHOUDAPURKAR Dist. & Sessions Judge (Rtd.) H. No.10-782, Upper Lane Brahmpur, KALABURAGI – 585 103. 3. SRI. VINAYAK APTE Advocate No.1121/9, Kalyan Nagar, Behind Asian Mall, KALABURAGI – 585 102. 4. The petition stands allowed accordingly. Sd/- JUDGE sac List No.: 1 Sl No.: 31