- 1 - HC-KAR CNR: KAHC010663142024 NC: 2026:KHC:49252 CMP No. 523 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. 523 OF 2024 BETWEEN: MRS K KUMUDINI AGED ABOUT 54 YEARS W/O A BALAJI NAIDU R/AT NO. 451, 12TH CROSS FLAT NO. 402, BALAJI CONCORD APARTMENT JAYANAGAR CO OPERATIVE SOCIETY TURAHALLI, BENGALURU - 61. …PETITIONER (BY SRI PRASHANTH N RAJ, ADVOCATE FOR SRI. RAJAGOPALA NAIDU., ADVOCATE) AND: 1. MRS MALLIKA AGED ABOUT 42 YEARS D/O SRIRAMULU REDDY R/AT NO. 2,VASANTHPURA MAIN ROAD DESAI GARDEN, BENGALURU 62. 2. M/S LAKSHMI VALLABHA CONSTRUCTION A PARTNERSHIP CONCERN HAVING ITS REGISTERED OFFICE IN SY NO. 35/4/1-2-3-4-5 GROUND FLOOR, VALLABHA NISHANTH APARTMENTS VASANTHPURA, NEXT TO H P GAS GODOWN BENGALURU 61 REPRESENTED BY ITS PARTNERS MR JAYACHANDRA REDDY. …RESPONDENTS (R1 AND R2 ARE SERVED) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010663142024 NC: 2026:KHC:49252 CMP No. 523 of 2024 THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11 (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS, THE JOINT DEVELOPMENT AGREEMENT DATED: 13/12/2018 CAME TO BE ENTERED INTO AS PER CLAUSE-21 OF JOINT DEVELOPMENT AGREEMENT HAS NOMINATED HER NOMINEE MR. A.P. MURARI, THE RETIRED DISTRICT JUDGE TO ARBITRATE THE DISPUTE WHICH IS AT 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 respondent under the Joint Development Agreement dated 13.12.2018, particularly in terms of Clause 21 thereof, produced at Annexure-B. - 3 - HC-KAR CNR: KAHC010663142024 NC: 2026:KHC:49252 CMP No. 523 of 2024 2. The petitioner is the owner of the property bearing No.1/3, formed in Sy.No.1/3C, Gubbalalu Village, Uttarahalli Hobli, Bengaluru South Taluk. Respondent No.1 has shown interest in constructing a residential apartment building in the aforesaid property belonging to the petitioner. Accordingly, they have entered into a Joint Development Agreement on 13.12.2018. As per the said Joint Development Agreement, respondent No.1 has to put up construction of the entire apartment building and hand over the owner's share of flats, fully developed, within 15 months, with a grace period of 3 months. 3. The Joint Development Agreement contains an arbitration clause, namely, Clause-21, which reads as under: “21) ARBITRATION: In the event of breach of the terms of this Joint Development Agreement or in the event of any differences or disputes arising between the parties in regard to this Joint Development Agreement or any matter relating thereto, the same shall be - 4 - HC-KAR CNR: KAHC010663142024 NC: 2026:KHC:49252 CMP No. 523 of 2024 referred to and settled by Arbitration under the Provisions of the Arbitration and Conciliation Act 1996 in force under the Bangalore Courts Jurisdiction.” 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 04.10.2024, vide Annexure-D, to the respondent 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. 5. Notice issued by this Court has been duly served upon the respondent. Despite service of notice, none appears on behalf of the respondent. 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 - 5 - HC-KAR CNR: KAHC010663142024 NC: 2026:KHC:49252 CMP No. 523 of 2024 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) Hon’ble Mr.Justice B.A.Patil, former judge of High Court of Karnataka, 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 Hon’ble Mr.Justice B.A.Patil, former judge of High Court of Karnataka. - 6 - HC-KAR CNR: KAHC010663142024 NC: 2026:KHC:49252 CMP No. 523 of 2024 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 30.09.2026 at 11:30 a.m. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 5