- 1 - HC-KAR NC: 2026:KHC:32145 CMP No. 230 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 230 OF 2025 BETWEEN: STERLING AND WILSON PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 NO 4A/14, 6TH MAIN, CHIKKA ADUGODI NEW EXTENSION, TAVAREKERE MAIN ROAD, BANGALORE 560 029, REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR. S. ANANTHARAMAN. …PETITIONER (BY SRI. ARJUN RAO., ADVOCATE) AND: TROPICANA HABITATS INDIA PRIVATE LIMITED (FORMERLY KNOWN AS MANTRI HABITATS PRIVATE LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32145 CMP No. 230 of 2025 HAVING ITS REGISTERED OFFICE ADDRESS AT C-5, RICH HOMES, NO. 5/1, RICHMOND ROAD, BENGALURU, KARNATAKA - 560 025. REPRESENTED BY ITS DIRECTORS. …RESPONDENT (BY SRI. MANOJ K., ADVOCATE FOR SMT. JAITHRA J. NARAYAN., ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF ARBITRATION AND CONCILIATION ACT., PRAYING TO APPOINT OR CONFIRM THE APPOINTMENT OF MR.S.N. PRASHANTH CHANDRA, ADVOCATE AS THE SOLE ARBITRATOR TO ADJUDICATE THE CLAIMS OF THE PETITIONER AGAINST THE RESPONDENT ARISING OUT OF / IN RELATION TO THE LOA R/W THE GENERAL CONDITIONS OF CONTRACT DATED 11.05.2016 ANNEXURE D (ARBITRATION CLAUSE AS AMENDED FORM TIME TO TIME. CONTAINED IN CLAUSE 49 OF THE AND THE GENERAL CONDITION OR OF CONTRACT EXECUTED BY THE PETITIONER AND RESPONDENT ANNEXURE E. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:32145 CMP No. 230 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has successfully participated in the Request For Proposal/Tender floated by the respondent and the Letter of Acceptance dated 11.05.2016 is issued. This Letter of Acceptance expressly states that the contract shall include the tender documents. The petitioner has produced the General Conditions of Contract which are part of the Tender Document, and it is seen from Clause-49 of these Conditions that all the disputes between the petitioner and the respondent shall be settled by a sole Arbitrator with the stipulation that such sole Arbitrator can be the PMC or an Architect. The petitioner has caused Notice dated 12.02.2025 as contemplated under Section 21 of the Arbitration and Conciliation Act, 1996 making a claim in a sum of Rs.88,74,653/- under the heads such as payment towards “Retention Fees, Testing and - 4 - HC-KAR NC: 2026:KHC:32145 CMP No. 230 of 2025 Commissioning” and the balance payable as against different bills to be settled. The respondent has issued no reply to this notice. This Court has referred the petitioner and the respondent to mediation, and the Report is that there is no settlement. The respondent has not completed its pleadings, but what can be discerned is the existence of an agreement for arbitration and the dispute inter se which can be settled by a sole Arbitrator. Hence, Smt K A Lalitha, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute at the Arbitration and Conciliation Center [Domestic and International], Bengaluru.: ORDER [a] The petition is allowed, and Smt. K A Lalitha, a retired District Judge, is appointed as the sole arbitrator to enter reference of the dispute between the petitioner and respondent and conduct the - 5 - HC-KAR NC: 2026:KHC:32145 CMP No. 230 of 2025 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 Smt. K A Lalitha, No.1783, 14th Main Road, 34th Cross, Banashankari 2nd Stage, Bengaluru - 560070 [Email:kalalitha52 @gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. [c] The submissions of the learned counsels that the addresses of the parties as - 6 - HC-KAR NC: 2026:KHC:32145 CMP No. 230 of 2025 mentioned in the cause title are also the current address of the parties is taken on record, and the parties are directed to appear before the Director, the Arbitration and Conciliation Centre [Domestic and International], Bengaluru, on 04.08.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE AN/-