- 1 - HC-KAR NC: 2026:KHC:13699 CMP No. 444 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 444 OF 2023 BETWEEN: 1. SRIMAYA BUILDERS AND DEVELOPERS HAVING REGISTERED OFFICE AT NO.102, I FLOOR, 3RD CROSS, 3RD MAIN , MEI LAYOUT, HESARAGHATTA MAIN ROAD, BENGALURU - 560 073 REPRESENTED BY ITS PARTNER, SRI. T.P. GANGAHDAR, S/O T. PARAMESHWARAPPA, AGED ABOUT 54 YEARS. 2. SRI. T.P. GANGADHAR S/O T. PRAMESHWARAPPA AGED ABOUT 54 YEARS, MANAGING PARTNER SRIMAYA BUILDERS AND DEVELOPERS, HAVING REGISTERED OFFICE AT NO.102, I FLOOR, 3RD CROSS, 3RD MAIN , MEI LAYOUT, HESARAGHATTA MAIN ROAD, BENGALURU - 560 073. …PETITIONERS (BY SRI. THILAK RAJ S., ADVOCATE FOR SRI. H.N. BASAVARAJU, ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13699 CMP No. 444 of 2023 AND: 1. SMT. SHIVAMMA W/O LATE RAMAIAH Y. AGED ABOUT 55 YEARS, 2. SMT. JAYARAMMA W/O LATE RAMAIAH Y. AGED ABOUT 55 YEARS, 3. SMT. JAYASHREE D/O LATE RAMAIAH Y. AGED ABOUT 29 YEARS, 4. SMT. SAVITHA D/O LATE RAMAIAH Y. AGED ABOUT 27 YEARS, 5. SMT. PALLAVI @ UMA D/O LATE RAMAIAH Y. AGED ABOUT 25 YEARS, ALL RESPONDENTS ARE R/AT HOSAPALYA VILLAGE, AJJANAHALLI DHAKALE, TAVAREKERE HOBLI, CHUNCHANAKUPPE P.O. BENGALURU SOUTH TALUK, BENGALURU URBAN DISTRICT - 562130. …RESPONDENTS (BY SMT. ROOPA N., ADVOCATE FOR SRI. N.SRIDHAR, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:13699 CMP No. 444 of 2023 THIS CMP IS FILED UNDER SECTION 11(3) AND 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE AROSE BETWEEN BOTH THE PARTIES AND PASS NECESSARY ORDERS BY GIVING FULL OPPORTUNITIES TO BOTH THE SIDES IN TERMS OF CLAUSE PROVIDED AT PAGE NO.7 UNDER THE JOINT DEVELOPMENT AGREEMENT DATED 05.10.2013 VIDE DOCUMENT NO. 1 IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. This petition is filed under Sections 11(3) and 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint sole Arbitrator and to refer the disputes between the parties to arbitration, in terms of the Clause provided in the Joint Development Agreement dated 05.10.2013 (document-1). 3. Learned counsel appearing for the petitioners by inviting the attention of the Court to page 7 of the Joint Development Agreement, argued that in view of the Clause providing for - 4 - HC-KAR NC: 2026:KHC:13699 CMP No. 444 of 2023 appointment of Arbitrator, the notice has been issued on 19.09.2023 (document-4), and therefore, appointment of an Arbitrator is necessary. 4. Per contra, Smt. Roopa N., learned counsel appearing for the respondents submitted that the Joint Development Agreement at Document-1 is fraudulently created by the petitioners herein and the land in question has been gifted by the original owner and therefore, sought for dismissal of the Petition. 5. Having taken note of the submissions made by the learned counsel appearing for the parties, having taken note of the provision provides for appointment of an Arbitrator as per the Joint Development Agreement, though it was opposed by the learned counsel appearing for the respondents, I am of the view that the dispute has to be resolved by appointing an Arbitrator. Accordingly, Shri. M.G. Sudheendra, retired District Judge is hereby appointed as the sole Arbitrator to resolve the dispute between the parties. 6. Since parties are represented through their learned counsel, the parties are directed to appear before the - 5 - HC-KAR NC: 2026:KHC:13699 CMP No. 444 of 2023 Arbitration and Conciliation Centre, Race Course Road, Bengaluru, on 08.04.2026 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to dispose of the matter. 7. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Shri. M.G. Sudheendra, retired District Judge, forthwith. 8. Accordingly, this Civil Miscellaneous Petition stands disposed of. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 23