- 1 - HC-KAR NC: 2026:KHC:15752 CMP No. 463 of 2024 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. 463 OF 2024 BETWEEN: M/S. CHAMPION INFRATECH PVT. LTD., REGISTERED OFFICE AT NO.L32, J S TOWER, 2ND MAIN ROAD, HSR LAYOUT, 6TH SECTOR, OUTER RING ROAD, BENGALURU - 560 102. REP. BY ITS DIRECTOR, MRS. PRADEEP PATIL. …PETITIONER (BY SRI. AJIT P.B., ADVOCATE) AND: 1. M/S LG BUILDERS AND DEVELOPERS PVT. LTD., REGISTERED OFFICE AT NO.42/1782, 1783/1804, 1ST STAGE, 5TH BLOCK, 15TH MAIN, H.B.R LAYOUT, BENGALURU - 560 043, REPRESENTED BY ITS MANAGING DIRECTOR, MR. B.M. SUNDARESH. ALSO AT LG LAKE DEW, BELISHIVALE, DODDAGUBBI POST, BANGALORE - 562 149. 2. MR. B.M. SUNDARESH, S/O LATE MUDDANNA, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15752 CMP No. 463 of 2024 MAJOR, RESIDING AT NO.96, BILESHIVALE, SHIVARAM KARANTH NAGAR POST, BENGALURU EAST - 560 077. 3. MR. B.M. GOVARDHAN MURTHY, S/O LATE MUDDANNA, MAJOR, RA/T NO.96, BILISHIVALE, SHIVARAM KARANTH NAGAR POST, BENGALURU EAST- 560 077. …RESPONDENTS (BY SMT. JYOTHI S.K., ADVOCATE FOR R1 AND R2; SRI. KUMARA, ADVOCATE FOR R3) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING THAT THIS HON'BLE COURT BE PLEASED TO APPOINT ANY RETIRED JUDGE OF THIS HON'BLE COURT OR ANY RETIRED DISTRICT JUDGE, AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE ARISING OUT OF THE JOINT DEVELOPMENT AGREEMENT DATED 03.02.2015, REGISTERED AS DOCUMENT NO. 6397/2014-15, OR ANY MATTER CONNECTED THEREWITH, (ANNEXURE-A) PAGE NO.41 PARA NO.22 AND THE CLAIMS AND CONTRA RAISED BY THE PETITIONER AND 1ST RESPONDENT AS PER THE CLAUSE-22 OF THE JOINT DEVELOPMENT AGREEMENT DATED 03.02.2015 BEFORE THE KARNATAKA ARBITRATION CENTRE, BANGALORE AND ETC. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15752 CMP No. 463 of 2024 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this Petition, the petitioner is seeking appointment of an Arbitrator based on Clause-22 of the Joint Development Agreement dated 03.02.2015 (Annexure-A). 3. Learned counsel appearing for the respondent No.3 invited the attention of the Court to the proceedings in O.S.No.9/2008 on the file of the Principal Civil Judge and JMFC., Chikkaballapur, wherein the Sale Deeds made in favour of the petitioner has been quashed by judgment and decree dated 02.08.2019 (Annexure-R3) and also it is contended by the learned counsel appearing for the respondent No.3 that major portion of the agreement in question seeking appointment of the Arbitrator has been complied with by the respondent No.3 and therefore, it is argued that at this stage, appointment of an Arbitrator is not called for. - 4 - HC-KAR NC: 2026:KHC:15752 CMP No. 463 of 2024 4. Having taken note of the submissions made by the learned counsels appearing for the parties and also particularly looking into the grievance raised by the petitioner in terms of Clause-22 of the Joint Development Agreement dated 03.02.2015 (Annexure-A), I am of the view that, appointment of an Arbitrator is necessitated. 5. Therefore, Hon'ble Shri Justice U.M. Adiga, former Judge, High Court of Karnataka is appointed to act as a Sole Arbitrator in the Arbitration and Conciliation Centre, Bengaluru as per the extant Rules. 6. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 7. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru for proceeding further in the matter. 8. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. - 5 - HC-KAR NC: 2026:KHC:15752 CMP No. 463 of 2024 9. Since the parties are represented through their learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 16.04.2026 at 11.00 a.m. to enable the learned Arbitrator to take further action in the matter. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 31