- 1 - HC-KAR NC: 2026:KHC:33418 CMP No. 261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 261 OF 2025 BETWEEN: 1. M/S RAJARAJESHWARI DEVELOPERS, REPRESENTED BY ITS PROPRIETOR SRI. D. KRISHNA, S/O. LATE K.M. DASEGOWDA, AGED ABOUT 56 YEARS, RESIDING AT NO.405, VIJAYANAGARA, 1ST STAGE, DEVARAJA MOHALLA. MYSURU CITY – 570 017 …PETITIONER (BY SMT. AKSHATHA SHETTY K., ADVOCATE) AND: 1. MR. S. LOKESH AGED ABOUT 41 YEARS S/O. SIDDARAJU 2. MR. KUMAR AGED ABOUT 43 YEARS S/O. SIDDARAJU BOTH 1 & 2 ARE RESIDING AT NAGARATHNAMMA BADAVANE, 2ND WARD, 4TH DIVISION, GUNDLUPETE TOWN, CHAMARAJANAGARA DISTRICT-571 111 …RESPONDENTS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33418 CMP No. 261 of 2025 (BY SMT. TEJASWINI K., ADVOCATE FOR R-1 AND R-2) THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINTMENT OF A SOLE ARBITRATOR IN ACCORDANCE WITH CLAUSE 16 OF ANNEXURE A (JOINT DEVELOPMENT AGREEMENT) DATED 05.08.2016. THIS CMP, 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 respondents are parties to a Joint Development Agreement dated 05.08.2016, and they have agreed to resolve their dispute by arbitration. The petitioner's reason for invoking the arbitration clause is an alleged obstruction and consequential delay in the completion of the project. Ms. Akshatha - 3 - HC-KAR NC: 2026:KHC:33418 CMP No. 261 of 2025 Shetty K, the learned counsel for the petitioner, submits that if an arbitrator could enter reference of the dispute, there could be a decision on the terms upon which the petitioner can complete the development and take possession of its share of developed sites. Ms. Tejaswini, the learned counsel for the respondents, submits that the petitioner's claim would be time-barred and this would be so because the petitioner has invoked the arbitration clause after the disposal of the suit in O.S. No.204/2022 on the file of the Principal Civil Judge and JMFC, Gundlupet. It is trite that if this Court has to refuse arbitration, it must be shown that the claim would be time-barred. However, in the present circumstances, nothing is brought on record to conclusively say so at this stage. As such, - 4 - HC-KAR NC: 2026:KHC:33418 CMP No. 261 of 2025 the following order leaving open all questions to be considered in the arbitral proceedings. ORDER [A] The petition is allowed, and Sri M. Ramesh Rao, a retired District Judge, is appointed as the sole arbitrator to enter reference of the dispute between the petitioner 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 - 5 - HC-KAR NC: 2026:KHC:33418 CMP No. 261 of 2025 email] to the Arbitration and Conciliation Centre [Domestic and International], Bengaluru and Sri M. Ramesh Rao, Address: No.1193, Sri Ananda Nilaya, 10th Cross, Ashokanagar, Bengaluru -560 050 [email: mramesh23.rao@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 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 - 6 - HC-KAR NC: 2026:KHC:33418 CMP No. 261 of 2025 Director, the Arbitration and Conciliation Centre [Domestic and International], Bengaluru, on 03.08.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 5 Sl No.: 4