- 1 - HC-KAR CNR: KAHC010156262024 NC: 2026:KHC:49253 CMP No. 123 of 2024 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. 123 OF 2024 BETWEEN: ANAROCK PROPERTY CONSULTANTS PVT LTD., HAVING REGISTERED OFFICE AT NO.1002 10TH FLOOR, B WING ONE BKC G BLOCK, BANDRA, KURLA COMPLEX BANDRA EAST, MUMBAI 400051 HAVING ITS BRANCH OFFICE AT NO.46 PRESTIGE TRADE TOWER LEVEL 6 PALACE ROAD, BANGALORE-560001 THE COMPANY IS REP. BY ITS DULY AUTHORIZED PERSON MR KARMA BHUTIA S/O S T BHUTIA LEGAL HEAD DIRECTOR GROUP SERVICES AGED ABOUT 44 YEARS RESIDING AT NO.516 KOHINOOR APARTMENT KUDLA. …PETITIONER (BY SRI. PRAKASH RAO JADHAV V., ADVOCATE) AND: 1. MANDAVI REAL ESTATE DEVELOPERS REP. BY ITS AUTHORISED SIGNATORY GLEN DIAS, OFFICE 3RD FLOOR MANDAVI TRADE CENTRE UDUPI MANIPAL ROAD KUNJIBETTU, UDUPI-576102. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010156262024 NC: 2026:KHC:49253 CMP No. 123 of 2024 2. GLEN DIAS PARTNER MANDAVI REAL ESTATE DEVELOPERS OFFICE 3RD FLOOR, MANDAVI TRADE CENTRE UDUPI MANIPAL ROAD KUNJIBETTU, UDUPI-576102. ALSO AT SHOP NO.18 AND 19 MANDAVI EMARALD VIDHYARATHNA NAGAR SHIVALLI END POINT ROAD UDUPI, KARNATAKA-576104. 3. JASON DIAS AUTHORISED SIGNATORY MANDAVI REAL ESTATE DEVELOPERS OFFICE 3RD FLOOR, MANDAVI TRADE CENTRE UDUPI MANIPAL ROAD KUNJIBETTU, UDUPI-576102. ALSO AT SHOP NO.18 AND 19 MANDAVI EMARALD VIDHYARATHNA NAGAR SHIVALLI END POINT ROAD UDUPI , KARNATAKA-576104. 4. DR JERRY VINCENT DIAS AUTHORISED SIGNATORY MANDAVI REAL ESTATE DEVELOPERS OFFICE 3RD FLOOR MANDAVI TRADE CENTRE UDUPI MANIPAL ROAD KUNJIBETTU, UDUPI 576102. ALSO AT. SHOP NO.18 AND 19 MANDAVI EMARALD VIDHYARATHNA NAGAR - 3 - HC-KAR CNR: KAHC010156262024 NC: 2026:KHC:49253 CMP No. 123 of 2024 SHIVALLI END POINT ROAD UDUPI, KARNATAKA-576104. …RESPONDENTS (R1 TO R4 ARE SERVED) THIS CIVIL MISC. PETITION IS UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT SOLE ARBITRATOR AS PER CLAUSE 8.3 OF THE AGREEMENT DATED: 13.08.2021 VIDE ANNEXURE –A 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(5) 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 Letter of Agreement dated 13.08.2021, particularly in terms of Clause 8.3 thereof, produced at Annexure-A. 2. The petitioner is a Private Limited Company, registered under the Companies Act, 1956 in the name of name and style of Anarock Property Consultants Pvt. Ltd., carrying on its business of rendering real estate, - 4 - HC-KAR CNR: KAHC010156262024 NC: 2026:KHC:49253 CMP No. 123 of 2024 brokerage and consulting services. Respondent No.1 herein is the partnership firm and respondent Nos.2 to 4 are the partners and authorized signatories of respondent No.1. Respondent No.1 approached the petitioner- Company as they were in need of certain real estate brokerage and consulting services. Accordingly, respondent No.1 executed a Letter of Agreement dated 13.08.2021. As per the said agreement, the petitioner was rendering the said services. In lieu of the petitioner rendering the said services, the respondents were supposed to make the payment of Rs.10,00,000/-. But the respondents have not paid the same to the petitioner. 3. The Letter of Agreement contains an arbitration clause, namely, Clause 8.3, which reads as under: “8.3. All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement shall be referred to and resolved by arbitration in Mumbai, India under the provisions of the Arbitration and Conciliation Act 1996. Each party - 5 - HC-KAR CNR: KAHC010156262024 NC: 2026:KHC:49253 CMP No. 123 of 2024 shall appoint one arbitrator, and two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator within fifteen (15) days from the date of first recommendation for an arbitrator in written form for a Party to the other. If the Parties fail to agree on appointment of such arbitrator, then the arbitrator shall be appointed as per the provisions of Arbitration and Conciliation Act, 1996. The language of the arbitration shall be in English. All cost of the arbitration shall be borne equally by the Parties. This Agreement shall be governed by and construed in accordance with the laws of India, and the Courts in Bangalore shall have jurisdiction to try any matters arising out of or in connection herewith.” 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 12.07.2023, vide Annexure-D, to the respondents in terms of Section 21 of the Act, invoking the arbitration clause. Despite service of the said notice, the respondent did not furnish any response. Hence, the petitioner has filed the present petition. - 6 - HC-KAR CNR: KAHC010156262024 NC: 2026:KHC:49253 CMP No. 123 of 2024 5. The respondents are served and unrepresented. 6. In view of the above, and having regard to the existence of the arbitration clause contained in the Letter of Agreement, this Court is of the opinion that a Sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Sri S.H.Mittalkod, Retired District Judge, is appointed as the Sole Arbitrator in the present case to arbitrate the disputes between the parties at the Mumbai Centre for International Arbitration (MCIA), Mumbai, 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 Mumbai Centre for - 7 - HC-KAR CNR: KAHC010156262024 NC: 2026:KHC:49253 CMP No. 123 of 2024 International Arbitration (MCIA), Mumbai 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. f) All pending applications, if any, stand disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 3