- 1 - HC-KAR NC: 2026:KHC:26153 CMP No. 600 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 600 OF 2025 BETWEEN: 1. MS PRIYADHARASHINI D/O. SIVAKUMAR AGED ABOUT 25 YEARS 2. SMT. AMUTHA SANGILI W/O. SIVAKUMAR SUBRAMANIAM AGED ABOUT 50 YEARS BOTH ARE RESIDING AT NO. 502, BRONX BLOCK, 5TH FLOOR, CONCORDE, MANHATTEN, ELECTRONIC CITY, BANGALORE-560100. …PETITIONERS (BY SMT. SWATHI MANJUNATH., ADVOCATE) AND: 1. M/S PATEL ENGINEERING LIMITED (ERSTWHILE PATEL REALITY (INDIA) LIMITED, SINCE AMALGAMATED, NOW PATEL ENGINEERING PATEL HAVING ITS OFFICE AT PATEL ESTATE ROAD, JOGESHWARI (WEST), MUMBAI 400102, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26153 CMP No. 600 of 2025 REPRESENTED BY MR. RUPAN PATEL. 2. M/S. GM INFINITE DWELLING (INDIA)N PVT.LIMITED, HAVING ITS OFFICE AT NO.06, GM PEARL, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE-560068 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. GULAM MUSTAFA. …RESPONDENTS (BY SRI. MANU PRABHAKAR KULKARNI., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A FIT AND PROPER PERSON AS THE SOLE ARBITRATOR TO ADJUDICATE UPON THE DISPUTES AND DIFFERENCES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT OUT OF OR IN CONNECTION WITH THE AGREEMENT FOR SELL DATED 09.06.2023 IN ANNEXURE A CLAUSE 13 OF AGREEMENT OF SELL STATES ABOUT ARBITRATION CLAUS, EXECUTED BETWEEN BOTH THE AFORESAID PARTIES. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26153 CMP No. 600 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners have entered into an Agreement of Sale dated 09.06.2023 with the respondents to purchase a residential unit in a project that is identified as ‘TOWNSVILLE’, and the petitioners have caused notice for appointment of an arbitrator asserting that they have paid 10% of the total agreed sale consideration of Rs.2,22,00,000/- for the purchase; that the project has come to a halt and that they must be returned their consideration along with interest at 18%. The agreement for arbitration reads as under: "13. The parties agree that in case of any dispute arising in respect of this agreement, the matter shall be referred to Sole Arbitrator, in consonance with the provision of the Indian Arbitration and Conciliation Act, 1996, as may be amended from time to time. The decision of the Arbitrator so appointed shall be binding on parties herein. 14. The Arbitration proceeding shall be held at Bangalore and the courts in Bangalore shall alone have jurisdiction in this regard." - 4 - HC-KAR NC: 2026:KHC:26153 CMP No. 600 of 2025 If Ms. Swathi Manjunath, the learned counsel for the petitioner, argues for the appointment of a sole arbitrator relying upon these circumstances asserting that neither the first nor the second respondent have caused any reply disputing the existence of the arbitration agreement and the arbitral dispute, Mr.Manu Prabhakar Kulkarni, the learned counsel for the first respondent, submits that the petitioners have agreed to purchase a unit that is allotted to the second respondent [the developer] and that the petitioners have paid the entire consideration to the developer and therefore the petitioners' dispute could only be with the second respondent especially when they claim a refund of the amount with interest. These circumstances are considered, and this Court must opine that undisputedly there is an agreement for arbitration of the dispute between the first and the second respondents and the petitioners and indeed there is a dispute because the petitioner’s - 5 - HC-KAR NC: 2026:KHC:26153 CMP No. 600 of 2025 claim for refund of the amount with interest remains unanswered, and whether this claim should be answered by the first or the second respondent will have to be decided in the arbitral proceedings. Hence, the following: ORDER [A] The petition is allowed, and Shri.B.Shivalinge Gowda, a retired District Judge, is appointed as the sole arbitrator to enter reference of the dispute between the petitioners and respondents and conduct the proceeding at the Arbitration and Conciliation Centre [Domestic and International], Bengaluru according to the Rules governing the Arbitration and Conciliation Centre [Domestic and International], Bengaluru. [B] The Registry is directed to communicate this order [through email] to the Arbitration and Conciliation Centre [Domestic and International], Bengaluru and Shri.B.Shivalinge - 6 - HC-KAR NC: 2026:KHC:26153 CMP No. 600 of 2025 Gowda, a retired District Judge, Address: No.138, ‘Belaku’, 2nd main, Judicial Layout, Thalaghattapura, Kanakapura Road, Bengaluru – 560 109 Email:shivalingegowda.dj@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr