- 1 - HC-KAR CNR: KAHC010285192023 NC: 2026:KHC:51002 CMP No. 219 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 219 OF 2023 BETWEEN: M/S BLUE VALLEY URBAN INFRATECH PRIVATE LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.41 BLUE VALLEY CELESTIAL NANDIDURGA MAIN ROAD JAYAMAHAL EXTENSION BANGALORE - 560046 REP. BY ITS MANAGING DIRECTOR MR.K. SURYANARAYANA RAJU. …PETITIONER (BY SRI. SHREE PADA RAJA G., ADVOCATE) AND: 1. SRI. NARASARAJU. K S/O LATE CHANGAMA RAJU AGED 72 YEARS 2. SMT. KANTHAMMA W/O NARASARAJU AGED 65 YEARS 3. SRI. MURALI. N. RAJU D/O NARASARUAJU AGED 39 YEARS Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 2 - HC-KAR CNR: KAHC010285192023 NC: 2026:KHC:51002 CMP No. 219 of 2023 4. SMT. SHOBHA D/O NARASARAJU AGED 46 YEARS SINCE DEAD HER LRS ARE ALREADY IN RECORDS AS R1,R2,R3 & R5. 5. SMT. SRIDEVI D/O K. NARASARAJU AGED 44 YEARS ALL ARE R/AT NO.11 7TH CROSS, ANNAYAPPA LAYOUT GEDDALAHALLI, RMV EXTENSION II STAGE BANGALORE – 560094. …RESPONDENTS (BY SRI. SHYAMA R., ADVOCATE FOR R1,R2,R3 & R5: V/O DATED: 09.01.2026 R1-R3 & R5 ARE TREATED AS LRS OF DECEASED R4) THIS CIVIL MISC. PETITION UNDER SECTION 11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON ALL THE DISPUTES ARISING BETWEEN THE PETITIONER AND THE RESPONDENTS FROM AND OUT OF THE MEMORANDUM OF UNDERSTANDING DATED 19.08.2015 (ANNEXURE A), AS PER THE CLAUSE 12 IN PAGE NO. 16 OF THE MEMORANDUM OF UNDERSTANDING DATED 19.08.2015 (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 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 3 - HC-KAR CNR: KAHC010285192023 NC: 2026:KHC:51002 CMP No. 219 of 2023 ORAL ORDER This petition is filed under Sections 11(5) and (6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), seeking the following relief: “Appoint a Sole Arbitrator to adjudicate upon all the disputes arising between the petitioner and the respondents from and out of the Memorandum of Understanding dated 19.08.2015 (Annexure-A), as per the Clause 12 in page No.16 of the Memorandum of Understanding dated 19.08.2015 (Annexure-A).” 2. The petitioner is a Company registered under the Companies Act, 1956, engaged in the business of real estate development. The petitioner - Company entered into a Memorandum of Understanding (for short, ‘MOU’) dated 19.08.2015 with the respondents. The respondents are the absolute owners of the property bearing No. 11, House No. 311, 6th Cross, Annayappa Layout, Geddalahalli, Bangalore, totally measuring 60 feet east to west and 40 feet north to south, totally measuring 2,400 sq.ft. for development of the property as a residential apartment. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 4 - HC-KAR CNR: KAHC010285192023 NC: 2026:KHC:51002 CMP No. 219 of 2023 As per the MOU, the petitioner has made advance payment of Rs.11,00,000/- to the respondent – owners. 3. The MOU contains an arbitration clause, namely, Clause 12, which reads as under: “12.1. In the event of there being any dispute with regards to this Agreement or arising under this Agreement or interpretation of any of the terms and conditions of this Agreement, the same shall be referred to Arbitration by appointing two Arbitrators by one each under the provisions of Arbitration and Conciliation Act, 1996. The seat of such Arbitration shall be at Bangalore and such Arbitrators’ award shall be binding on both the parties.” 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 06.04.2023, vide Annexure-G, to the respondents, invoking the arbitration clause. The respondents submitted reply dated 25.04.2023 vide Annexure-H. Being not satisfied with the reply submitted by the respondents, Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 5 - HC-KAR CNR: KAHC010285192023 NC: 2026:KHC:51002 CMP No. 219 of 2023 petitioner is before this Court seeking appointment of a sole arbitrator. 5. Upon service of notice, respondents are represented by counsel. None appears for the respondents. They have filed objections stating that the agreement has spent itself. They have not disputed that there is existence of arbitration clause in the MOU and provision for appointment of the arbitrator to resolve the dispute. 6. In view of the above, and having regard to the existence of the arbitration clause contained in the MOU, 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 Ravindra M.Joshi, retired District Judge is appointed as the Sole Arbitrator in the present Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 6 - HC-KAR CNR: KAHC010285192023 NC: 2026:KHC:51002 CMP No. 219 of 2023 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. f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 15.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 1 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026