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2026 DAILYLAW 16222 (KAR)

SRI RAM MANIKARNIKA v. SRI M KRISHNAN

CMP/487/2024 · 2026-03-05

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13622 CMP No. 487 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO.487 OF 2024 BETWEEN: SRI RAM MANIKARNIKA AGED ABOUT 58 YEARS, S/O SRI M. KRISHNAN, R/AT NO.13017, PINEY GLADE ROAD, HERNDON, VIRGINIA - 20171 U.S.A. ALSO AT NO.28 (OLD NO.275/A) 37TH CROSS, JAYANAGAR 8TH BLOCK, BENGALURU - 560 070. …PETITIONER (BY SRI. NATARAJA BALLAL A., ADVOCATE) AND: SRI. M. KRISHNAN AGED ABOUT 91 YEARS, S/O LATE M. SRINIVASAN, R/AT NO.28 (OLD NO.275/A) 37TH CROSS, JAYANAGAR 8TH BLOCK, BENGALURU - 560 070. …RESPONDENT (V/O DATED 12.12.2025 SERVICE OF NOTICE IN R/O RESPONDENT IS HELD SUFFICIENT) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13622 CMP No. 487 of 2024 THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ISSUE NOTICE TO THE RESPONDENT AND AFTER HEARING THE PARTIES REFER THE MATTER IN DISPUTE BETWEEN THE PARTIES BY VIRTUE OF CLAUSE 14 OF THE JOINT DEVELOPMENT AGREEMENT DATED 22/04/2019 BY REFERRING THE MATTER TO ARBITRATION BY APPOINTING A SOLE ARBITRATOR (ANNEXURE-B). THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the petitioner. Notice to respondent is held sufficient by order dated 12.12.2025. 2. Having taken note of the submissions made by the learned counsel appearing for the petitioner and upon careful consideration of Clause-14 of the Joint Development Agreement dated 22.04.2019 (Annexure-B), wherein the provision has been made for resolution of disputes between the parties through Arbitration. - 3 - HC-KAR NC: 2026:KHC:13622 CMP No. 487 of 2024 Therefore, I am of the view that the petition requires to be accepted under Section 11 of the Arbitration and Conciliation Act, 1996. 3. Sri. S.B.N. Prakash, retired District Judge be appointed as an Arbitrator to resolve the dispute between the parties in terms of the Clause-14 of the Joint Development Agreement produced at Annexure-B to the petition. 4. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 5. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru for proceeding further in the matter. 6. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. - 4 - HC-KAR NC: 2026:KHC:13622 CMP No. 487 of 2024 Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 29