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2026 DAILYLAW 13327 (KAR)

MRS U ANITHA REDDY v. VIVANSAA BAALSAM

CMP/131/2023 · 2026-03-09

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14016 CMP NO.131 OF 2023 C/W CMP NO.76 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.131 OF 2023 C/W CIVIL MISCELLANEOUS PETITION NO.76 OF 2023 IN CMP No.131/2023 BETWEEN: 1. MRS. U. ANITHA REDDY W/O U. YESHWARDHAN REDDY, AGED ABOUT 38 YEARS, R/AT NO.36, LAKESHORE HOMES, KASAVANAHALLI, OFF. SARJAPUR ROAD, BENGALURU - 560 035. REP. BY HER G.P.A. HOLDER MR. U. YESHWARDHAN REDDY. 2. MRS. M. PALLAVI REDDY W/O M. RAJENDRA REDDY, AGED ABOUT 35 YEARS, R/AT NO.T-401, RED WOOD APARTMENTS, HALASUR ROAD, OFF. SARJAPURA ROAD, BENGALURU - 560 012. 3. MRS. SUMA B.N. W/O R. VENKATESH, AGED ABOUT 44 YEARS, R/AT NO.356, 3RD CROSS, BEML LAYOUT, TUBARAHALLI, WHITEFIELD POST, BENGALURU - 560 066. …PETITIONERS (BY SRI. AJAY RAO, ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14016 CMP NO.131 OF 2023 C/W CMP NO.76 OF 2023 AND: VIVANSAA BAALSAM A PARTNERSHIP FIRM, HAVING OFFICE AT: NO.88, 1ST FLOOR, 17TH CROSS, 14TH MAIN, H.S.R. LAYOUT, SECTOR-IV, BENGALURU - 560 102. REP. BY ITS PARTNER SRI. VIJAY OMPRAKASH. …RESPONDENT (V/O DATED 19.02.2026, SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS CIVIL MISCELLANESOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF CLAUSE XVII(a) OF THE JOINT DEVELOPMENT AGREEMENT DATED 16TH APRIL, 2014 VIDE ANNEXURE-A SO AS TO ARBITRATE THE DISPUTES RAISED BY THE PETITIONERS AGAINST THE RESPONDENT IS RESPECT OF COMPLETION AND HANDING OVER POSSESSION OF OWNER'S SHARE IN THE PROJECT. IN CMP NO.76/2023 BETWEEN: 1. MRS. U. ANITHA REDDY W/O U. YESHWARDHAN REDDY, AGED ABOUT 38 YEARS, R/AT NO.36, LAKESHORE HOMES, KASAVANAHALLI, OFF. SARJAPUR ROAD, BENGALURU - 560 035. REP. BY HER G.P.A. HOLDER MR. U. YESHWARDHAN REDDY. 2. MRS. M. PALLAVI REDDY W/O M. RAJENDRA REDDY, AGED ABOUT 35 YEARS, R/AT NO.T-401, RED WOOD APARTMENTS, HALASUR ROAD, OFF. SARJAPUR ROAD, BENGALURU - 560 012. - 3 - HC-KAR NC: 2026:KHC:14016 CMP NO.131 OF 2023 C/W CMP NO.76 OF 2023 3. MR. U. YESHWARDHAN REDDY S/O U.L. REDDY, AGED ABOUT 38 YEARS, R/AT NO.36, LAKESHORE HOMES, KASAVANAHALLI, OFF SARJAPUR ROAD, BENGALURU - 560 035. ...PETITIONERS (BY SRI. AJAY RAO, ADVOCATE) AND: M/S. VIJICON PROPERTIES A PARTNERSHIP FIRM, HAVING OFFICE AT: NO.88, 1ST FLOOR, 17TH CROSS, 14TH MAIN, H.S.R. LAYOUT, SECTOR-IV, BENGALURU - 560 102. REP. BY ITS MANAGING PARTNER, MR. VIJAY AGARWAL. ALSO AT: NO.302, WESTERN TOWER, WAKAD, PUNE - 411 057. ...RESPONDENT (V/O DATED 19.02.2026, NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS CIVIL MISCELLANEOUS PETITION UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR IN TERMS OF CLAUSE XVII(a) OF THE JOINT DEVELOPMENT AGREEMENT DATED 25TH SEPTEMBER, 2013 VIDE ANNEXURE-A SO AS TO ARBITRATE THE DISPUTES BETWEEN THE PARTIES. THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH - 4 - HC-KAR NC: 2026:KHC:14016 CMP NO.131 OF 2023 C/W CMP NO.76 OF 2023 ORAL ORDER These petitions are filed seeking an appointment of Arbitrator in terms of the Arbitration clause available under the respective Joint Development Agreements entered into between the parties for resolution of disputes. 2. Heard Sri. Ajay Rao, learned counsel appearing for petitioners. Notice to respondents is held sufficient. 3. On perusal of the petition papers, the same would indicate that, the parties herein have entered into a Joint Development Agreements, wherein there is a provision for Dispute Resolution under Clause XVII(a). In that view of the matter, I am of the view that, a Former Judge of this Hon'ble Court be appointed as Arbitrator to resolve the dispute between the parties. 4. Therefore, Hon'ble Mr. Justice C.M. Joshi, 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. - 5 - HC-KAR NC: 2026:KHC:14016 CMP NO.131 OF 2023 C/W CMP NO.76 OF 2023 5. In order to avoid further delay in the matter, the petitioners are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Bengaluru on 08th April, 2026. 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 (Domestic and International), 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. Accordingly, Civil Miscellaneous Petitions are disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.:25