- 1 - HC-KAR NC: 2026:KHC:16092 CMP No. 426 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 426 OF 2024 BETWEEN: 1. SMT. B.R. MYTHRAI SETTY D/O LATE DR. B.V. RAMALINGA SETTY, AGED ABOUT 65 YEARS, 2. DR. B.R. RAVINDRA SETTY S/O LATE DR. B.V. RAMALINGA SETTY, AGED ABOUT 60 YEARS, PETITIONERS NO.1 AND 2 ARE HAVING ADDRESS AT 42/3, LAVELLE ROAD, BENGALURU-560001. …PETITIONERS (BY SRI. BADRI VISHAL, ADVOCATE) AND: 1. M/S. NITESH ASSET HOLDINGS A PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT, NO. 25/A, 2NF FLOOR, IMPERIAL COURT, CUNNINGHAM ROAD, BENGALURU - 560 052. REPRESENTED BY ITS MANAGING PARTNER, NITESH SHETTY, S/O. LATE P.V. SHETTY Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16092 CMP No. 426 of 2024 2. NITESH SHETTY S/O LATE P.V. SHETTY, AGED ABOUT 45 YEARS MANAGING PARTNER OF PETITIONER NO.1 M/S NITESH ASSET HOLDINGS HAVING ADDRESS AT# 25/A, 2ND FLOOR, IMPERIAL COURT, CUNNINGHAM ROAD BENGALURU-560 052. 3. NITESH HEALTH CARE PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT, 25/A, 2ND FLOOR, IMPERIAL COURT, CUNNINGHAM ROAD, BENGALURU -560052 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. NITESH SHETTY 4. NITESH INFRASTRUCTURE AND CONSTRUCTION A PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT, #25/A, 2ND FLOOR, IMPERIAL COURT, CUNNINGHAM ROAD, BENGALURU -560052 REPRESENTED BY ITS MANAGING PARTNER NITESH SHETTY. …RESPONDENTS (BY SRI. S.S. NAGANAND, LEARNED SR. COUNSEL FOR SMT. SUMANA NAGANAND, ADVOCATE FOR R1; SRI. KIRAN V. RON, ADVOCATE FOR R2 AND R4; SRI. VIGNESH SHETTY, ADVOCATE FOR R3) - 3 - HC-KAR NC: 2026:KHC:16092 CMP No. 426 of 2024 THIS CIVIL MISC. PETITION UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES IN TERMS OF CLAUSE 21 OF THE JOINT DEVELOPMENT AGREEMENT DATED 15.08.2018 AT ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri.Badri Vishal, learned counsel appearing for the petitioners, Sri S.S.Naganand, learned Senior Counsel appearing on behalf of Smt.Sumana Naganand for respondent No.1, Sri.Kiran V Ron, learned counsel appearing for respondents No.2 and 4, and Sri.Vignesh Shetty, learned counsel for respondent No.3. 2. In this petition the petitioners have sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Joint Development Agreement dated 15.08.2018 (Annexure-B), in - 4 - HC-KAR NC: 2026:KHC:16092 CMP No. 426 of 2024 accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act'). 3. Having taken note of the submission made by the learned counsels appearing for the parties and upon perusal of Clause (21) of the Joint Development Agreement dated 15.08.2018 (Annexure -B), I am of the considered opinion that, a Arbitrator is to be appointed to adjudicate the dispute between the parties. 4. Accordingly, this petition under Section 11(6) of the Act, 1996 is allowed. Hon'ble Justice Srinivas Harishkumar, Former Judge of this Court is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case at Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Arbitration Centre. 5. All claims and contentions of any 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, Khanija Bhavan, Bengaluru, for proceeding further in the matter. - 5 - HC-KAR NC: 2026:KHC:16092 CMP No. 426 of 2024 7. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. 8. Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 10.04.2026 at 11.00 a.m., without waiting for further notice in this regard. With these observations, CMP is disposed off. Sd/- (E.S.INDIRESH) JUDGE AP List No.: 1 Sl No.: 2