- 1 - HC-KAR NC: 2026:KHC:34324 CMP No. 195 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 195 OF 2023 BETWEEN: 1. MR J BOOPESH REDDY S/O S JAYARAMA REDDY, AGED ABOUT 50 YEARS, HAVING OFFICE AT NO.1 SJR PRIMUS 7TH AND 8TH FLOOR, KORAMANGALA INDUSTRIAL AREA, KORAMANGALA, BENGALURU-560095. 2. MR J VIJAY REDDY S/O S JAYARAMA REDDY, AGED ABOUT 48 YEARS, HAVING OFFICE AT NO.1 SJR PRIMUS 7TH AND 8TH FLOOR, KORAMANGALA INDUSTRIAL AREA, KORAMANGALA, BENGALURU-560095. …PETITIONERS (BY SRI. AJAY RAO., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34324 CMP No. 195 of 2023 AND: 1. MR B N SATYA KUMAR AGED ABOUT 68 YEARS S/O B.V. NANJA REDDY, BALAGERE VILLAGE, VARTHUR HOBLI, PANNATHUR POST, BENGALURU EAST TALUK, BENGALURU - 560 087. 2. MASTER S SUNIL S/O B N SATYA KUMAR, AGED ABOUT 36 YEARS BALAGERE VILLAGE, VARTHUR HOBLI, PANNATHUR POST, BENGALURU EAST TALUK, BENGALURU - 560 087. 3. MRS. MANJULA W/O LATE B N SRINIVAS KUMAR, AGED ABOUT 50 YEARS BALAGERE VILLAGE, VARTHUR HOBLI, PANNATHUR POST, BENGALURU EAST TALUK BENGALURU- 560 087. 4. MR S SUHAS S/O LATE B N SRINIVAS KUMAR, AGED ABOUT 27 BALAGERE VILLAGE, VARTHUR HOBLI, PANNATHUR POST, BENGALURU EAST TALUK, - 3 - HC-KAR NC: 2026:KHC:34324 CMP No. 195 of 2023 BENGALURU - 560 087. 5. MR S SHREYAS S/O LATE B N SRINIVAS KUMAR, AGED ABOUT 25 YEARS BALAGERE VILLAGE, VARTHUR HOBLI, PANNATHUR POST, BENGALURU EAST TALUK, BENGALURU - 560 087. 6. MR B N VENKATESH KUMAR S/O B V NANJA REDDY, AGED ABOUT 52 YEARS BALAGERE VILLAGE, VARTHUR HOBLI, PANNATHUR POST, BENGALURU EAST TALUK, BENGALURU - 560 087. 7. MR V YESHAS S/O B N VENKATESH KUMAR, BALAGERE VILLAGE, VARTHUR HOBLI, PANNATHUR POST, BENGALURU EAST TALUK, BENGALURU - 560 087. 8. MR B N SANTOSH KUMAR S/O B V NANJA REDDY, AGED ABOUT 53 YEARS BALAGERE VILLAGE, VARTHUR HOBLI, PANNATHUR POST, BENGALURU EAST TALUK, BENGALURU - 560 087. - 4 - HC-KAR NC: 2026:KHC:34324 CMP No. 195 of 2023 9. MISS B S SWETHA D/O B N SANTOSH KUMAR, AGED ABOUT 31 YEARS BALAGERE VILLAGE, VARTHUR HOBLI, PANNATHUR POST, BENGALURU EAST TALUK, BENGALURU - 560 087. 10. MISS B S NEETHA D/O B N SANTOSH KUMAR, BALAGERE VILLAGE, VARTHUR HOBLI, PANNATHUR POST, BENGALURU EAST TALUK, BENGALURU - 560 087. 11. MISS B S GEETHA D/O B N SANTOSH KUMAR, AGED ABOUT 27 YEARS BALAGERE VILLAGE, VARTHUR HOBLI, PANNATHUR POST, BENGALURU EAST TALUK, BENGALURU - 560 087. …RESPONDENTS (BY SRI.SRIHARI., ADVOCATE FOR R1, R2, R6 AND R7; VIDE ORDER DATED 06.02.2026, R3 TO R5 AND R8 TO R11 SERVICE OF NOTICE IS HELD SUFFICIENT) THIS CIVIL MISC. PETITION UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, - 5 - HC-KAR NC: 2026:KHC:34324 CMP No. 195 of 2023 PRAYING TO (I) APPOINT A SOLE ARBITRATOR IN TERMS OF CLAUSE - MISCELLANEOUS UNDER GOVERNING LAW AND ARBITRATION OF AGREEMENT DATED 16/03/2006 MARKED AS ANNEXURE-A, SO AS TO ARBITRATE THE DISPUTES RAISED BY THE PETITIONERS AGAINST THE RESPONDENTS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners have signed the Agreement dated 16.03.2006 [the Agreement] with the respondents for the development of certain immovable properties. The Agreement contemplates the resolution of all disputes by arbitration. This Court, while deciding the petition in CMP No.76/2015, has appointed a former judge of this Court as the sole arbitrator who has entered reference of the dispute. This arbitral proceeding has - 6 - HC-KAR NC: 2026:KHC:34324 CMP No. 195 of 2023 culminated with an award allowing the petitioners' claim in part. 2. The petitioners, being aggrieved by the terms on which the claim is answered by the learned Arbitrator, have availed remedy under Section 34 of the Arbitration and Conciliation Act, 1996 in Commercial Arbitration Suit No.55 of 2021 on the file of the X Additional District Judge, Bengaluru Rural District. The District Court has allowed the Arbitration Suit setting aside the Award dated 13.12.2018. The petitioners have thereafter caused the notice dated 08.02.2023 calling for the respondents' consent for the appointment of another arbitrator, and with no response from the respondents, the petitioners have filed this petition. 3. The office objection is as regards the petition being filed after the proceedings under Section 34 of the Act. This Court has issued notice to the respondents leaving open the office objection for - 7 - HC-KAR NC: 2026:KHC:34324 CMP No. 195 of 2023 consideration. Some respondents are served, and even they remain unrepresented and absent. This is despite multiple opportunities. 4. Sri Ajay Rao, the learned counsel for the petitioners, submits that the District Court has intervened to set aside the Award, despite answering questions in favour of the petitioners, only because it could not otherwise interfere with the award, and therefore, the dispute persists. This Court, on perusal of the Award, is of the view that the office objections cannot be sustained and that all aspects must be examined in the next arbitral proceedings and that a former judge of this Court must be appointed as the sole arbitrator. Hence, the following ORDER [A] The petition is allowed. [B] Hon'ble Mr. Justice A.N. Venugopala Gowda, a former Judge of this Court, is - 8 - HC-KAR NC: 2026:KHC:34324 CMP No. 195 of 2023 appointed as the sole Arbitrator to enter reference of the dispute between the petitioners and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, according to the Rules governing the Centre. All questions are left open for due consideration. [C] The Registry is directed to communicate this order [by e-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Hon'ble Mr. Justice A.N. Venugopala Gowda, a former Judge of this Court, Address: #426/27-1, Opp. BES College Ladies Hostel, 33rd Cross,18th Main, 4th ‘T’ Block Jayanagar, Bengaluru 560 041. [e- mail id: anvgowda55@gmail.com] as - 9 - HC-KAR NC: 2026:KHC:34324 CMP No. 195 of 2023 required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. [D] The submissions of the learned counsels that the addresses of the parties as mentioned in the cause title are also the current addresses of the parties are taken on record, and the parties are directed to appear before the Director, Arbitration Centre, Bengaluru on 17.08.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE NV