- 1 - HC-KAR NC: 2026:KHC:25773 CMP No. 357 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 357 OF 2024 BETWEEN: RAVIKUMAR G S/O SRI GOVINDA SETTY AGED ABOUT 48 YEARS R/AT NO.701/B, 7THMAIN 8THCROSS NEAR BOMBAY DYEING SHOW ROOM 1STSTAGE 2NDPHASE GOKUL EXTENSION, YESWANTHAPURA BENGALURU 560022. …PETITIONER (BY SRI.KEERTHI KUMAR REDDY., ADVOCATE AND SRI. PADMANABHA J., ADVOCATE) AND: SRI MEGHARAJ S/O SRI B HUCHHEGOWDA AGED ABOUT 84 YEARS R/O BILISARE ACHHANAHALI VILLAGE HANUBALU HOBLI SAKALESHWARA TALUK Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25773 CMP No. 357 of 2024 HASSAN DISTRICT 573134. …RESPONDENT (BY SRI. CHETHAN N., ADVOCATE FOR SRI. HARINATH M.S.,ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) AND (6)(A) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTE RAISED BETWEEN THE PARTIES AS PER THE CLAUSE NO.7(J) OF THE SALE AGREEMENT (ANNEXURE A). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner and the respondent are parties to the Agreement of Sale dated 26.02.2022 and this agreement is for transfer of two parcels of land as mentioned in the schedule appended to the Agreement. The petitioner and the respondent have agreed for resolution of all disputes and differences by arbitration. The agreement as regards arbitration reads as under: - 3 - HC-KAR NC: 2026:KHC:25773 CMP No. 357 of 2024 "In the event of breach of the terms of this Agreement in the event of any differences or disputes arising between the parties in regard to this Agreement or any matter relating thereto, the same shall be referred to a sole Arbitrator to be appointed by the parties and his award shall be final and binding on the parties hereto and Arbitration shall be as per the Provisions of the Arbitration & Conciliation Act in force. The Arbitration shall be conducted in English Language and place of Arbitration shall be in Bangalore. The courts at Bangalore alone shall have jurisdiction in all matters relating to this Agreement. The parties hereto acknowledge that this Agreement reflect and record entire rights and obligations with respect to sale Schedule Property and supersedes all other prior arrangement/representations whether written or oral. This Agreement can be amended only by a written document executed between the parties." The petitioner has caused two Notices calling upon the respondent to execute the sale deed and these Notices are dated 15.03.2024 and 28.03.2024. However, the petitioner has not called for the respondent's consent on who could enter reference of - 4 - HC-KAR NC: 2026:KHC:25773 CMP No. 357 of 2024 the dispute as an arbitrator. This would be fatal for the present purposes because an application under Section 11 of the Arbitration and Conciliation Act,1996 would be maintainable only if consensus is not achieved on who could enter reference of the dispute as an arbitrator. Therefore, the petition stands disposed of with liberty to the petitioner, subject to all just exceptions, to issue fresh notice calling for the respondent's consensus on who could enter reference of the dispute as an arbitrator and then approach this Court if there is such occasion. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE NV