- 1 - HC-KAR CNR: KAHC010685112023 NC: 2026:KHC:45376 CMP No. 479 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 479 OF 2023 BETWEEN: MRS ANJANA PATODIA W/O MAHENDRA KUMAR PATODIA AGED ABOUT 70 YEARS R/AT NO H NO 8-2-333/16/A PLOT NO 145, ROAD NO 3 BANAJARA HILLS TELANGALA, HYDERABAD 500034 REP BY HER SPECIAL POWER OF ATTORNEY HOLDER SRI MR V S V SWAMY S/O LATE V S RAO AGED ABOUT 60 YEARS PLOT NO 29, NAGARJUNA HILLS PANJAGUTTA, HYDERABAD 500082. …PETITIONER (BY Ms. SAHANA, ADVOCATE FOR SRI. RAJASHEKAR S., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010685112023 NC: 2026:KHC:45376 CMP No. 479 of 2023 AND: 1. M/S UNISHIRE HOMES LLP A DULY REGISTERED PARTNERSHP FRIM HAVING ITS REGD OFFICE AT NO 36, RAILWAY PARALLEL ROAD NERHU NAGAR KUMARAPARK (WEST) BANGALORE 560020 REP BY ITS AUTHORIZED SIGNATORY PRATIK K MEHTA AND KIRTI K MEHTA ALSO AT M/S UNISHIRE HOMES LLP A DULY REGISTERED PARTENRSHIP FIRM HAVING ITS REGD OFFICE AT NO 42 CASTLE STREET, ASHOK NAGAR BENGALURU 560025 REP BY ITS AUTHORIZED SIGNATORY PRATIK K MEHTA AND KIRTI K MEHTA. 2. MR R MOHAN RAJ S/O MR RAJU NAIDU MAJOR, NO 3064, 1ST CROSS GAYATHINAGAR BANGALORE 560021 REP BY THEIR POWER OF ATTORNEY HOLDER - 3 - HC-KAR CNR: KAHC010685112023 NC: 2026:KHC:45376 CMP No. 479 of 2023 3. MR H S SHAMKUMAR S/O MR H V SRINIVASARAO MAJOR, FLAT NO 40, ANUBHAVA MANTAPA FLAT NO 102, 2ND FLOOR 3RD MAIN, BASAVESHWARA LAYOUT VIJAYANAGAR BANGALORE 560040. 4. MR M THIMMARAJU S/O MR M MUDDURANGAPPA NO 2, 6TH CROSS KILARI ROAD RANGAPPANAYAKA LANE BANGALORE 560053 REP BY THEIR POWER OF ATTORNEY HOLDER NO. 2 TO 4 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER M/S UNISHIRE HOMES LLP A DULY REGISTWERED PARTNERSHIP FRIM HAVING ITS REGD OFFICE AT NO 365, RAILWAY PARALLEL ROD NEHRU NAGAR KUMARPARK (WEST) BANGALORE 560020 REP BY ITS AUTHORIZED SIGNATORY PRATIK K MEHTA AND KIRTI K MEHTA - 4 - HC-KAR CNR: KAHC010685112023 NC: 2026:KHC:45376 CMP No. 479 of 2023 ALSO AT M/S UNISHIRE HOMES LLP A DULY REGISTERED PARTNERSHIP FIRM HAVING ITS REGD OFFICE AT NO 42, CASTLE STREET, ASHOK NAGAR BENGALURU 560025. 5. 5. MR KIRTI K MEHTA DESIGNED PARTNER M/S UNISHIRE HOMES LLP NO 42, CASTLE STREET ASHOK NAGAR BENGALURU 560025 ALSO AT NO 36, RAILWAY PARALLEL ROAD NEHRU NAGAR KUMARPARK (WEST) BANGALORE 560020. 6. MR PRATIK K MEHTA AUTHORIZED SIGNATORY M/S UNISHRE HOMES LLP NO 42, CASTLE STREET ASHOK NAGAR BENGALURU 560025. ALSO AT NO 36, RAILWAY PARALLEL ROAD NEHRU NAGAR, KUMARAPARK (WEST) BANGALORE 560025. - 5 - HC-KAR CNR: KAHC010685112023 NC: 2026:KHC:45376 CMP No. 479 of 2023 7. MRS. TASNEEM Z. NAGARIA D/O ZULFIKAR ABDE ALI NAGARIA AGED ABOUT 32 YEARS R/A 36, IST FLOOR, VENKATAPPA ROAD OFF QUEENS ROAD, HKP ROAD SHIVAJINAGAR BENGALURU-560051. (AMENDMENT CARRIED OUT AS PER COURT ORDER DATED 04.03.2026) …RESPONDENTS (BY SRI. G S VENKAT SUBBA RAO., ADVOCATE FOR R1, R5 & R6; SRI. ASHOK G V., ADVOCATE FOR R2; VIDE ORDER DATED 17.10.2025 PETITION IS DISMISSED IN SO FAR AS R4 IS CONCERNED AS ABATED; SRI. SHAKTHIDHAR S SHANKER., ADVOCATE FOR PROPOSED R7; VIDE ORDER DATED 30.01.2026 SERVICE OF NOTICE TO R3 IS H/S) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR THE APPOINTMENT OF SOLE ARBITRATOR, PRAYING TO1 APPOINT AN - 6 - HC-KAR CNR: KAHC010685112023 NC: 2026:KHC:45376 CMP No. 479 of 2023 ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES AND ALLOW THE SAID ARBITRATOR TO ENTER UPON THE REFERENCE AND ADJUDICATE THE DISPUTE AND DIFFERENCES BETWEEN THE PARTIES ARISING OUT OF CLAUSE 25 OF THE MEMORANDUM OF SALE AGREEMENT DATED 27.05.2013 VIDE ANNEXURE - A. THIS PETITION, 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 has signed a Memorandum of Sale Agreement dated 27.05.2013 with the respondents and the petitioner relies upon an agreement for arbitration in this Memorandum of Sale Agreement asserting a dispute with the - 7 - HC-KAR CNR: KAHC010685112023 NC: 2026:KHC:45376 CMP No. 479 of 2023 respondents to contend that this Court must appoint a sole arbitrator. 2. Ms. Sahana, the learned counsel for the petitioner, proposes to rely upon these circumstances to canvass for the appointment of a sole Arbitrator. However, G. S. Venkat Subba Rao, the learned counsel for the first, fifth and sixth respondents, submits that after the Memorandum of Agreement dated 27.05.2013, the respondents have assigned the project to an Assignee who is not a party to the present proceedings and that the petitioner represented by her husband has entered into a Settlement vide Memorandum of Agreement dated 18.02.2021 and that the present petition is filed on behalf of the petitioner by a Power of Attorney. 3. When queried in the light of this objection, Ms. Sahana submits that the petitioner's husband is not a party to the Memorandum of Sale Agreement - 8 - HC-KAR CNR: KAHC010685112023 NC: 2026:KHC:45376 CMP No. 479 of 2023 dated 27.05.2013 and therefore he could not have curtailed the petitioner's rights under this Agreement. These make the necessary circumstances for a decision on whether a sole arbitrator must be appointed. 4. The dispute presented by the petitioner at this stage cannot be examined without examining the import of the assignment in favour of the Assignee and a possible agreement for settlement on behalf of the petitioner by her husband especially if that agreement is supported by a Power of Attorney executed by the petitioner. In the light of the afore and the fact that all the circumstances are not placed before this Court in invoking this Court's jurisdiction for appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, this Court is not persuaded to opine that there must be such appointment. - 9 - HC-KAR CNR: KAHC010685112023 NC: 2026:KHC:45376 CMP No. 479 of 2023 5. This Court is of the considered view that the petition must be disposed of without prejudice to the petitioner to work out her remedy for a comprehensive decision with the participation of every person who is a party to the transaction relating to the subject property. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-