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2026 DAILYLAW 3619 (KAR)

M/S POORVA DEVELOPERS AND BUILDERS v. SRI JAVARAPPA C

CMP/719/2025 · 2026-04-16

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20780 CMP No. 719 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 719 OF 2025 BETWEEN: 1. M/S POORVA DEVELOPERS AND BUILDERS, A PARTNERSHIP FIRM, HAVING OFFICE AT NO. 667/A, CHITRABANU ROAD, A AND F BLOCK, KUVEMPUNAGARA, MYSURU-570023, REPRESENTED BY ITS PARTNER: B MAHESH KUMAR. 2. SRI. G.P. PRAKASH, AGED ABOUT 54 YEARS, S/O SRI. G.P. PUTTEGOWDA, RESIDING AT NO. 1400, POORNA DRUSHTI ROAD, 'C' AND 'D' BLOCK, KUVEMPUNAGARA, MYSURU-570023. 3. SRI. M. SRINIVAS, AGED ABOUT 47 YEARS, S/O SRI. M. SANGAMESHWARA RAO, RESIDING AT NO. 17, POST OFFICE ROAD, NEHRU COLONY, BALLARI-583103. …PETITIONERS (BY SRI. GIRISHA N.R., ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20780 CMP No. 719 of 2025 AND: SRI. JAVARAPPA C., AGED ABOUT 58 YEARS, .S/O SRI. CHIKKAVEERAIAH, RESIDING AT NO. 2101, GOOD SHEPHERD SCHOOL, 'C' BLOCK, J.P. NAGAR POST, MYSURU 570008. …RESPONDENT (BY SRI. Y. V. PRAKASH, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON THE DISPUTES BETWEEN THE PETITIONERS AND THE RESPONDENT ARISING OUT OF AND IN CONNECTION WITH THE JOINT DEVELOPMENT AGREEMENT DATED 15.12.2023 AT ANNEXURE-A, ARBITRATION CLAUSE 15.1 AND THE REGISTERED GENERAL POWER OF ATTORNEY AT ANNEXURE - B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2026:KHC:20780 CMP No. 719 of 2025 ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this Civil Miscellaneous Petition, the petitioners is seeking to appoint an Arbitrator in terms of Clause-15.1 of the Joint Development Agreement dated 15.12.2023 (Annexure-A). 3. Having taken note of the submissions made by the learned counsel appearing for the parties, the appointment of the Arbitrator is necessitated. 4. In that view of the matter, Sri. R. Venkatesh, retired District Judge, Mysuru, be appointed as an Arbitrator for resolution of the dispute between the parties. 5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. - 4 - HC-KAR NC: 2026:KHC:20780 CMP No. 719 of 2025 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru for proceeding further in the matter. 7. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. 8. Since the parties are represented through their learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 12.05.2026 at 11.00 a.m. to enable the learned Arbitrator to take further action in the matter. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE KLV List No.: 2 Sl No.: 31