- 1 - HC-KAR CNR: KAHC010462392025 NC: 2026:KHC:49250 CMP No. 400 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 400 OF 2025 BETWEEN: SMT MAMATHA N W/O MR.C. SRINIVAS REDDY AGED ABOUT 49 YEARS R/A NO.105/17, 12TH MAIN BTM LAYOUT, 1ST STAGE BANGALORE-560 029. …PETITIONER (BY SRI. SATHISHA D J., ADVOCATE) AND: 1. M/S S AND S INFRA (A PARTNERSHIP FIRM) REP BY ITS PARTNERS THE RESPONDENT NO.2 AND 3 OFFICE AT NO.536, 1ST MAIN 4TH AVENUE TEACHERS COLONY KORAMANGALA BANGALORE-560 034. 2. MR. H.B. SRIDHARA S/O SRI. BYRAIAH AGED ABOUT 49 YEARS ONE OF THE PARTNER OF M/S S AND S INFRA. 3. SMT. ASHA D. W/O H.B. SRIDHARA AGED ABOUT 48 YEARS ONE OF THE PARTNER OF M/S S AND S INFRA Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010462392025 NC: 2026:KHC:49250 CMP No. 400 of 2025 BOTH ARE R/A NO.165, 8TH MAIN JAKKASANDRA BLOCK, KORAMANGALA BENGALURU- 560 034. …RESPONDENTS (BY SRI. NAGARAJA P., ADVOCATE FOR R1 TO R3) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT HONBLE MR. JUSTICE A.V. CHANDRASHEKAR, FORMER JUDGE, HIGH COURT OF KARNATAKA BANGALORE, AS AN ARBITRATOR ON BEHALF OF THE RESPONDENT OR AN ARBITRATOR ACCEPTABLE TO ALL THE PARTIES TO RESOLVE THE DISPUTE AS PER CLAUSE 27 OF THE JOINT DEVELOPMENT AGREEMENT DATED: 06.11.2019 AS PER ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), seeking appointment of a Sole Arbitrator for adjudication of the disputes that have arisen between the petitioner and the respondents under the Joint Development Agreement dated 06.11.2019, particularly in terms of Clause 27 thereof, produced at Annexure-B. - 3 - HC-KAR CNR: KAHC010462392025 NC: 2026:KHC:49250 CMP No. 400 of 2025 2. The petitioner is the owner of the schedule property bearing Sy.No.47 measuring to an extent of 20 guntas out of 3 acres 33 guntas and 14 guntas of Kharab, situated at Sollepura Village, Sarjapura Hobli, Anekal Taluk, Bengaluru Urban District. The respondent No.1 is a Partnership Firm engaged in the business of development of properties for residential layout. Accordingly, respondent No.1 proposed to develop the petitioner’s property. Thereafter, the petitioner and respondents agreed to enter into a Joint Development Agreement dated 06.11.2019. As per the condition in the said agreement, the property has not been developed within the time. 3. The Joint Deveopment Agreement contains an arbitration clause, namely, Clause 27, which reads as under: “ARBITRATION: In the even of breach of the terms of this Agreement or in the event of any differences of disputes arising between the parties in regard to this Agreement or any matter relating thereto, the - 4 - HC-KAR CNR: KAHC010462392025 NC: 2026:KHC:49250 CMP No. 400 of 2025 same shall be referred to and settled by Arbitration under the Provisions of the Arbitration and Conciliation Act in force.” 4. Since disputes arose between the parties and there is a mechanism for redressal of such disputes by way of arbitration, the petitioner issued a notice dated 21.03.2025, vide Annexure-E, to the respondents in terms of Section 21 of the Act, invoking the arbitration clause. Despite service of the said notice, the respondents did not furnish any response. Hence, the petitioner has filed the present petition. 5. Learned counsel for the respondents submits that he has no objection for appointment of the Sole Arbitrator. 6. In view of the above, and having regard to the existence of the arbitration clause contained in the Joint Development Agreement, this Court is of the opinion that a Sole Arbitrator is required to be appointed for - 5 - HC-KAR CNR: KAHC010462392025 NC: 2026:KHC:49250 CMP No. 400 of 2025 adjudication of the disputes between the parties. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Sri Kengabalaiah, Retired District Judge is appointed as the Sole Arbitrator in the present case to arbitrate the disputes between the parties at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. c) All the claims and contentions of the parties are kept open. d) Registry is directed to communicate this order via E-mail to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, and also to the learned Sole Arbitrator. e) Registry is directed to return all the original documents produced by any of the parties after obtaining Photostat copies of the same. - 6 - HC-KAR CNR: KAHC010462392025 NC: 2026:KHC:49250 CMP No. 400 of 2025 f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 30.09.2026 at 11:30 a.m. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 16