- 1 - HC-KAR NC: 2026:KHC:13624 CMP No. 504 of 2025 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. 504 OF 2025 BETWEEN: SRI M.S.DHRUVAKUMAR, SON OF LATE M.C.SUBBANNA, AGED 84 YEARS, NO.32, ROBERTSON ROAD, FRAZER TOWN, BENGALURU - 560 005. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI. NAVIN D.KUMAR S/O. DR.M.S.DHRUVAKUMAR, AGED ABOUT 53 YEARS, RESIDING AT THE ABOVE ADDRESS. …PETITIONER (BY SRI. SHANKAR G., ADVOCATE) AND: 1. DR.CHETAN NANDA KUMAR, S/O. LATE NANDAKUMAR, AGED ABOUT 63 YEARS, RESIDING AT NO.283, 9TH 'A' CROSS, BAPUJI LAYOUT, BENGALURU - 560 040. 2. SMT. PARVATHAMMA, W/O. LATE VENKATESH, AGED ABOUT 74 YEARS, RESIDING AT NO.35, 'A' AND 'B' BLOCK, 12TH CROSS, NAVILU ROAD, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13624 CMP No. 504 of 2025 KUVEMPUNAGAR, MYSORE - 570 023. 3. SRI B.SANTHOSHA, S/O. LATE VENKATESH, AGED ABOUT 59 YEARS, NO.35, 'A' AND 'B' BLOCK, 12TH CROSS, NAVILU ROAD, KUVEMPUNAGAR, MYSORE - 570 023. 4. M/S. SHRI MANJUNATHA SWAMI DEVELOPERS AND INFRASTRUCTURES PVT., LTD. HAVING ITS REGISTERED OFFICE AT NO.97, 4TH 'B' CROSS, PATTON HOUSE-II, KORAMANGALA 5TH BLOCK, KORAMANGALA INDUSTRIAL LAYOUT, BENGALURU - 560 095. BY ITS AUTHORISED SIGNATORIES A) MR.MANJUNATHA S., B) MR.MRUDUL M.U. ALSO AT NO.168/1/20, NEAR NANJUNDESHWARA TEMPLE, 6TH CROSS, DODDANEKKUNDI, BENGALURU - 560 037. 5. SRI M.S.VIJAYA KUMAR, SON OF LATE M.C.SUBBANNA, AGED ABOUT 73 YEARS, RESIDING AT NO.1, POST OFFICE ROAD, LALITHADRIPURA, MYSORE - 570 028. 6. MISS. SUNDARAMMA, SINCE MENTALLY INFIRM, REP. BY HER NEXT FRIEND AND CARE TAKER, DR.CHETAN KUMAR, RESIDING AT NO.283, - 3 - HC-KAR NC: 2026:KHC:13624 CMP No. 504 of 2025 9TH 'A' CROSS, BAPUJI LAYOUT, BENGALURU - 560 040. …RESPONDENTS (BY SRI. MADHU R., ADVOCATE FOR R1 TO R3, R5 & R6; SRI. V. VIJAYASHEKAR GOWDA, ADVCOATE FOR R4) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT SRI. KUKKAJI RAMAKRISHNA BHAT, RETIRED DISTRICT AND SESSIONS JUDGE, AS SOLE ARBITRATOR, TO ENTER UPON REFERENCE IN TERMS OF 'CONFLICT RESOLUTION' CLAUSE-55 OF THE JOINT DEVELOPMENT AGREEMENT DATED 07.06.2017, PRODUCED AT ANNEXURE-A AND AS PER THE NOTICE OF INVOCATION OF ARBITRATION DATED 07.07.2025 (ANNEXURE J) ISSUED BY THE PETITIONER TO ADJUDICATE ALL DISPUTES BETWEEN THE PARTIES, HAVING THE PLACE AT KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU AND ETC. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner is seeking appointment of Arbitrator as per Clause-41 and 55 of Joint Development Agreement dated 07.06.2017 (Annexure-A). - 4 - HC-KAR NC: 2026:KHC:13624 CMP No. 504 of 2025 2. Heard Sri. Shankar G., learned counsel appearing for the petitioner, Sri. Madhu R., learned counsel appearing for respondent Nos.1 to 3, 5 and 6 and Sri. V. Vijayashekar Gowda, learned counsel appearing for respondent No.4. 3. Sri. Shankar G., learned counsel appearing for the petitioner submitted that the dispute with regard to the sharing of the apartments is to be decided by an Arbitrator in terms of the Joint Development Agreement at Annexure-A and as such he sought for appointment of an Arbitrator 4. Sri. Madhu R., learned counsel appearing for respondent Nos.1 to 3, 5 and 6 submitted that respondent No.3 is not a signatory to the Joint Development Agreement and also Sri. V. Vijayashekar Gowda, learned counsel appearing for respondent No.4 - Developer opposed the appointment of the Arbitrator on the ground that the project is completed and the dispute is with regard to the apportionment of the completed apartments - 5 - HC-KAR NC: 2026:KHC:13624 CMP No. 504 of 2025 constructed by the respondent No.4 herein and accordingly, sought for dismissal of the petition. 5. In the light of the above submissions made by the learned counsel appearing for the parties and also taking into consideration the clause-55 of the Joint Development Agreement (Annexure-A) which provides for resolution of the dispute between the parties, I am of the opinion that, Sri. H.S. Ramanna, retired District Judge is appointed to act as a Sole Arbitrator in the Arbitration and Conciliation Centre, Bengaluru as per the extant Rules. 7. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 8. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru for proceeding further in the matter. 9. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. - 6 - HC-KAR NC: 2026:KHC:13624 CMP No. 504 of 2025 8. Since the parties are represented through their learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 07.04.2026 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.: 40