- 1 - HC-KAR CNR: KAHC010802852025 NC: 2026:KHC:51540 CMP No. 720 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 720 OF 2025 BETWEEN: M/S SALASAAR BALAJI PROJECTS AND REALTY PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT HOUSE NO. 8-4-71/72, KRISHNA COLONY P.O., WARANGAL. REP. BY GPA HOLDER MR. RAJESH RATHI …PETITIONER (BY SRI RAKSHITH M N, ADVOCATE FOR SRI. SANJAY H SETHIYA., ADVOCATE) AND: 1. M/S SUPRA INFRASTRUCTURE A PARTNERSHIP FIRM HAVING ITS OFFICE AT FLAT NO. 21321, TOWER 2 BUILDING - 2, PRESTIGE FALCON CITY KANAKAPURA ROAD BENGALURU-562117 REP. BY ITS PARTNERS MR. SRINIVAS MURTHY R MR. JAYARAMA SHETTY. 2. MR. SRINIVAS MURTHY R PARTNER M/S SUPRA INFRASTRUCTURE OFFICE AT FLAT NO. 21321 TOWER 2, BUILDING – 2 PRESTIGE FALCON CITY Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010802852025 NC: 2026:KHC:51540 CMP No. 720 of 2025 KANAKAPURA ROAD BENGALURU-562117. 3. MR. JAYARAMA SHETTY PARTNER, R/AT G-2 SAPTHAGIRI RESIDENCY BDA MAIN ROAD, OPP. KEMP FORT NANJA REDDY COLONY AIRPORT ROAD, BENGALURU – 560017. …RESPONDENTS (BY SRI.ASHOK H., ADVOCATE FOR R3: SERVICE OF NOTICE TO R1 AND R2 IS HELD SUFFICIENT V/O DATED: 19.09.2026 ) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO APPOINT A SUITABLE SOLE ARBITRATOR FROM THE KARNATAKA ARBITRATION CENTRE TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS IN TERMS OF CLAUSE C (2) OF AGREEMENT TO SALE DATED 03.02.2021 AS IN ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 Sale Ageement Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010802852025 NC: 2026:KHC:51540 CMP No. 720 of 2025 dated 03.02.2021, particularly in terms of Clause C(2) thereof, produced at Annexure-B. 2. Brief facts of the case of the petitioner are that respondent No.1, through respondent Nos.2 and 3, for their family legal necessities, agreed to sell the Schedule Property with total of seven plots measuring an area of 1200 sq. ft. each, totally measuring 8,400 sq. ft., formed out of Sy.Nos.149/5, 149/6, 149/8, 155/2, 155/3, 155/4, 156/2, 156/3, 156/4, 157/1, 157/2, 158, 159 and 160, situated at Hoskote Village, Kasaba Hobli, Hoskote Taluk, Bengaluru Rural District. The total sale consideration was fixed at Rs.29,49,000/-, and the same was paid in full to the respondents. As per the Sale Agreement dated 03.02.2021 (Annexure-B), the respondents agreed to register/execute the regular Sale Deed in favour of the petitioner within six months from the date of the agreement. Despite best efforts and repeated requests, the respondents failed to execute the Sale Deed. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010802852025 NC: 2026:KHC:51540 CMP No. 720 of 2025 Subsequently, disputes arose between the parties in relation to the said Sale Agreement. 3. The Sale Agreement contains an arbitration clause, namely, Clause C(2), which reads as under: “Any disputes, differences and questions that may arise between the parties here to their respective representatives or any of them in regard to those presences or its subject mater and / or interpretation thereof in any way whatsoever shall be referred to Arbitration. The Award of the Arbitrator/s shall be final and binding upon both the parties. The Arbitration shall be governed by the law relating to or governing Arbitration of India from time to time or its statutory modification or reenactment in force for the time being.” 4. As the Sale Agreement provides for resolution of disputes by way of arbitration, the petitioner issued a notice dated 10.11.2025, vide Annexure-D, to the respondents under Section 21 of the Act, invoking the arbitration clause. The same has been served to the respondents. Despite service of the said notice, the Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010802852025 NC: 2026:KHC:51540 CMP No. 720 of 2025 respondent did not furnish any response. Hence, the petitioner has filed the present petition. 5. Learned counsel for the respondent No.3 submits that this Court may appoint a Sole Arbitrator and all the contentions of the parties may be left open. 6. In view of the above, and having regard to the existence of the arbitration clause contained in the Agreement for 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) Sri C.Chandramalle Gowda, 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, Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010802852025 NC: 2026:KHC:51540 CMP No. 720 of 2025 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 16.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 41 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA