- 1 - HC-KAR CNR: KAHC010831542025 NC: 2026:KHC:50789 CMP No. 743 of 2025 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. 743 OF 2025 BETWEEN: 1. SRI MANIKONDA RANJITH KUMAR S/O DAMODHAR RAO AGED ABOUT 44 YEARS R/AT NO.3-4-38, SUMITHRA NAGAR KUKATPALLY, HYDERABAD-500072. 2. SRI. K CHANDRASEKHAR REDDY S/O K. GOVINDA REDDY AGED ABOUT 44 YEARS R/AT NO. D-3, BRUNDAVAN RESIDENCY 2ND CROSS, AMRUTH NAGAR BENGALURU - 560092. …PETITIONERS (BY SRI. SUDHANVA D S., ADVOCATE) AND: 1. SMT SHAHEENA PARVEEZ W/O M FAIZ AHMED KHAN AGED ABOUT 66 YEARS R/AT NO.326, 18TH MAIN 6TH A CROSS, BEHIND POLICE STATION 6TH BLOCK, KORAMANGALA BENGALURU-560095. 2. SRI. MOHAMMED KHAN SUHAIL S/O LATE ABDUL KAREEM KHAN AGED ABOUT 62 YEARS R/AT NO.241, 18TH MAIN 6TH A CROSS, 6TH BLOCK KORAMANGALA, BENGALURU-560095. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010831542025 NC: 2026:KHC:50789 CMP No. 743 of 2025 3. SMT. FARZANA TABBASSUM W/O MOHAMMED KHAN SUHAIL AGED ABOUT 62 YEARS R/AT NO.241, 18TH MAIN 6TH A CROSS, 6TH BLOCK KORAMANGALA, BENGALURU - 560095. …RESPONDENTS (R1 TO R3 ARE SERVED AND UNREPRESENTED) THIS CMP IS FILED UNDER SECTION 11(5) AND 11(6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR HONBLE RETIRED JUTICE V. JAGANATHAN, HONBLE JUSTICE A.V. CHANDRASHEKAR, HONBLE RETIRED JUSTICE S.R. SOMASEKARA, HONBLE RETIRED JUSTICE D.R.VENKATASUDHARSHAN AND HONBLE RETIRED JUSTICE B. SHIVALINGE GOWDA TO DECIDE AND ADJUDICATE THE DISPUTES AND DIFFERENCES BETWEEN THE PARTIES ARISING UNDER THE REGISTERED AGREEMENT OF SALE DATED 23.07.2018, AS PER CLAUSE 30 WHICH IS AT ANNEXURE - A, TO BE CONDUCTED AT THE BENGALURU ARBITRATION CENTRE. 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) and (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 petitioners and the respondents under the Agreement of Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010831542025 NC: 2026:KHC:50789 CMP No. 743 of 2025 Sale dated 23.07.2018, particularly in terms of Clause 30 thereof, produced at Annexure-A. 2. The case of the petitioners is that the respondents are the owners of the properties bearing Survey No.55/P57 (old Survey No.55), measuring 3 acres; Survey No.55/P58 (old Survey No.55), measuring 3 acres; Survey No.55/P59 (old Survey No.55), measuring 2.20 acres; and Survey No.55/P60 (old Survey No.55), measuring 2.20 acres, situated at Bellahalli Village, Yelahanka Hobli, Bengaluru North Taluk. The respondents entered into an Agreement of Sale with the petitioners on 23.07.2018 (Annexure-A) for a sale consideration of Rs.24,86,55,000/-. Out of the said amount, the petitioners paid an advance of Rs.1,60,00,000/- to the respondents. Over a period of more than one, the respondents have collected a total sum of Rs.8,00,00,000/- from the petitioner on various occasions for the purpose of obtaining necessary for conversion of land and to complete Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010831542025 NC: 2026:KHC:50789 CMP No. 743 of 2025 sale transaction. As disputes arose between the parties, the respondents filed a suit before the Court of the Senior Civil Judge, Bengaluru Rural District, Bengaluru, in O.S.No.1688/2024. The petitioners filed an application in the said suit contending that the Agreement of Sale contains an arbitration clause and, therefore, the suit was not maintainable. Subsequently, the respondents withdrew the said suit. 3. The Agreement of Sale contains an arbitration clause, namely, Clause 30, which reads as under: “30. Any dispute arising from the Agreement of Sale shall be resolved through Arbitration processes under the Indian Arbitration and Conciliation Act. Arbitration shall be done by the sole Arbitrator to be appointed jointly, decisions by the Arbitrator shall be binding on both the parties.” 4. Since disputes arose between the parties and there is a mechanism for resolution of such disputes by way of arbitration, the petitioners issued a notice dated Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010831542025 NC: 2026:KHC:50789 CMP No. 743 of 2025 13.10.2025 to the respective respondents invoking the aforesaid arbitration clause as per Annexure-F. The said notices were duly served upon the respondents. The acknowledgments, in the form of postal tracking reports evidencing service of the notices, are produced at Annexure-H. As per the postal tracking reports, the notices were delivered on 15.10.2025. The petitioners have not received any reply from the respondents. 5. Notice issued by this Court has also been duly served upon the respondents. Despite service of notice, none appears on behalf of the respondents. 6. At this juncture, learned counsel for the petitioners submits that, in terms of Clause 30 of the Agreement of Sale, a Sole Arbitrator may be appointed to resolve the disputes between the parties. 7. In view of the above, and having regard to the existence of the arbitration clause contained in the Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010831542025 NC: 2026:KHC:50789 CMP No. 743 of 2025 Agreement of Sale, 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) Hon’ble Dr.Justice K.Bhakthavatsala, Former Judge, 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 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 7 - HC-KAR CNR: KAHC010831542025 NC: 2026:KHC:50789 CMP No. 743 of 2025 Bhavan, Bengaluru, and also to Hon’ble Dr.Justice K.Bhakthavatsala. 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 13.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 20 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA