- 1 - HC-KAR NC: 2026:KHC:18047 CMP No. 54 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.54 OF 2025 BETWEEN: 1. M/S RASSARI DEVELOPERS PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT NO.18, RASASRI CHAMBERS JALADARASHINI LAYOUT, NEW BEL ROAD, BENGALURU - 560054 REP. BY ITS MANAGING DIRECTOR MR. ANJANEYULU PRATHIPATI. 2. SRI. KRANTHI KUMAR PRATHIPATI S/O ANJANEYULU PRATHIPATI AGED ABOUT 40 YEARS, RESIDING AT NO.67 3RD CROSS, R.K. GARDENS NEW BEL ROAD, BENGALURU - 560094. …PETITIONERS (BY SRI. MALLIKARJUN N.K., ADVOCATE) AND: 1. SRI. M. KRISHNAPPA S/O LATE MUNIYAPPA, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18047 CMP No. 54 of 2025 AGED ABOUT 68 YEARS, R/AT KEMPATHIMMANAHALLI VILLAGE, KANNAMANGALA POST, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU - 562110. ALSO RESIDING AT NO. D-6 FLAT NO.45, KENDRIYA VIHAR YELAHANKA BENGALURU - 560064. …RESPONDENT (BY SRI. VAGEESHA N., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR AS PER CLAUSE NO.10.1 OF THE MEMORANDUM OF AGREEMENT DATED 23.05.2015 (ANNEXURE - B) AND PASS SUCH OTHER ORDER/S AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:18047 CMP No. 54 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the petitioner seeking appointment of Arbitrator for settlement of disputes between the parties. 2. Heard learned counsel appearing for the parties. 3. Sri. Mallikarjun N.K., learned counsel appearing for the petitioners submitted that Clause 10.1 of the Memorandum of Agreement provides of settlement of disputes by an Arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996 and accordingly, sought to allow the petition by appointing a sole Arbitrator. 4. Sri. Vageesha N., learned counsel appearing for the respondent argued that the properties mentioned in the Memorandum of Agreement dated 23.05.2015 (Annexure-B), and also the properties mentioned in the supplementary Memorandum of Agreement dated 25.05.2015 (Annexure-C) are distinct and separate and therefore, would oppose the appointment of Arbitrator. - 4 - HC-KAR NC: 2026:KHC:18047 CMP No. 54 of 2025 5. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that a provision is provided for the appointment of the Arbitrator in terms of Clause 10 of the Memorandum of Agreement dated 23.05.2015. It is also forthcoming from the Supplementary Memorandum of Agreement at Annexure-C, that the Memorandum of Agreement dated 22.05.2015 (Annexure-B) is also part and parcel of Supplementary Memorandum of Agreement. In that view of the matter, I am of the view that the appointment of the Arbitrator is necessitated. Accordingly Hon'ble Justice Shri. A.N. Venugopala Gowda, former Judge of this Court is hereby appointed as the learned Arbitrator for resolution of the dispute between the parties. 6. Since parties are represented through their learned counsel, the parties are directed to appear before the Arbitration and Conciliation Centre, Race Course Road, Bengaluru, on 24.04.2026 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to dispose of the matter. - 5 - HC-KAR NC: 2026:KHC:18047 CMP No. 54 of 2025 7. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Hon'ble Justice Shri. A.N. Venugopala Gowda, former Judge of this Court, forthwith. 8. Accordingly, this Civil Miscellaneous Petition stands disposed of. 9. All contentions of the parties are kept open. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 24