- 1 - HC-KAR NC: 2026:KHC:15588 CMP NO.314 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO. 314 OF 2023 BETWEEN: SRI. GANESH D.S. S/O LATE SUBBUKRISHNA, AGED ABOUT 52 YEARS, R/AT NO.D-202, BRIGADE GATEWAY, DR. RAJKUMAR ROAD, BEHIND ORION MALL, BENGALURU - 560 055. …PETITIONER (BY SRI. SUHITH S., ADVOCATE) AND: 1. SRI. MUNIYAPPA S/O LATE GANGAPPA, AGED ABOUT 68 YEARS. 2. SMT. KAMALAMMA W/O MUNIYAPPA, AGED ABOUT 60 YEARS. 3. SRI. RAGHU S/O MUNIYAPPA, AGED ABOUT 37 YEARS. 4. SMT. RAMYA D/O MUNIYAPPA, AGED ABOUT 26 YEARS. 5. SRI. ULLAPPA S/O LATE GANGAPPA, AGED ABOUT 58 YEARS. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15588 CMP NO.314 OF 2023 6. SMT. NAGAMMA W/O ULLAPPA, AGED ABOUT 52 YEARS. 7. SMT. PRATHIBA D/O ULLAPPA, AGED ABOUT 30 YEARS. ALL ARE RESIDING AT: BANDIKODIGEHALLI VILLAGE, JALA HOBLI, YELAHANKA TALUK, BENGALURU - 562 149. …RESPONDENTS (BY SRI. B.S. RADHANANDAN, ADVOCATE FOR R5; R1 TO R4 AND R6 - SERVED; V/O DATED 17.03.2026, NOTICE TO R7 IS HELD SUFFICIENT) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR AS PER CLAUSE 7(a) OF THE AGREEMENT TO SELL DATED 24TH MARCH, 2016 VIDE ANNEXURE-A TO ADJUDICATE UPON THE DISPUTE BETWEEN THE PARTIES HEREIN IN ACCORDANCE WITH SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2026:KHC:15588 CMP NO.314 OF 2023 ORAL ORDER In this petition, petitioners are seeking appointment of an Arbitrator as per Clause 7(a) of the Agreement to Sell dated 24th March, 2016 (Annexure-A) to adjudicate the dispute between the parties. 2. Heard Sri. Suhith S., learned counsel appearing for the petitioner and Sri. B.S. Radhanandan, learned counsel appearing for the respondent No.5. 3. Learned counsel appearing for the petitioner places reliance on the Agreement to Sell dated 24th March, 2016 (Annexure-A) entered into between the parties and submits that, Clauses 7(a) of the Agreement provides for resolution of dispute through Arbitration. Accordingly, he sought for appoint of Arbitrator to adjudicate the dispute between the parties. 4. Learned counsel appearing for respondents raised objection for appointment of Arbitrator on the ground of delay in issuing the legal notice to make a claim by the petitioner. 5. Taking into account the submission made by learned counsel appearing for the parties, I am of the view - 4 - HC-KAR NC: 2026:KHC:15588 CMP NO.314 OF 2023 that, without going into the merits of the case, appointment of Arbitrator is necessary to adjudicate the dispute between the parties. 6. Therefore, Hon'ble Mrs. Justice M.G. Uma, former judge of this Court is appointed as an Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. 7. In order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Bengaluru on 16th April, 2026 at 11.00 a.m. 8. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 9. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru for proceeding further in the matter. - 5 - HC-KAR NC: 2026:KHC:15588 CMP NO.314 OF 2023 10. 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 List No.: 1 Sl No.: 1