- 1 - HC-KAR CNR: KAHC010585262022 NC: 2026:KHC:52399 CMP No. 913 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO.913 OF 2022 BETWEEN: 1. ASHOK KUMAR AGED ABOUT 62 YEARS RESIDING AT NO.183 9TH C MAIN, VIJAYA NAGAR BANGALORE - 560 040 REP. BY HIS POWER OF ATTORNEY MR. RAKESH TAYAL S/O MR. CHETAN P TAYAL …PETITIONER (BY SRI. SHREYAS S VASISHTHA, ADVOCATE FOR SRI. J. P. DARSHAN, SMT. VAISHNAVI PUJARI & MS. VAIDEHI K., ADVOCATES) AND: 1. SRI. VENKETARAMAPPA S/O LATE NARAYANAPPA AGED ABOUT 64 YEARS 2. SRI. ADI MURTHY S/O LATE NARAYANAPPA AGED ABOUT 43 YEARS 3. SRI. ADIMURTHAPPA S/O LATE CHATRAM ADAPPA AGED ABOUT 60 YEARS 4. SRI. VENKETARAMAPPA S/O LATE CHATRAM ADAPPA Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010585262022 NC: 2026:KHC:52399 CMP No. 913 of 2022 AGED ABOUT 58 YEARS 5. MR. VENKETARAMAPPA W/O LATE KONDAPPA AGED ABOUT 64 YEARS 6. MR. GANGAPPA S/O LATE KONDAPPA AGED ABOUT 62 YEARS 7. SRI. NANJUNDAPPA S/O LATE KONDAPPA AGED ABOUT 53 YEARS 8. SRI. CHINNA GANGAPPA S/O LATE NARAYANAPPA AGED ABOUT 48 YEARS SINCE DEAD REP. BY HIS LRS ALREADY ON RECORD AS R1 AND R2 ALL RESIDING AT GHANTAMVAARIPALLY VILLAGE KASABA HOBLI, BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT - 561 207 …RESPONDENTS (R2, R4, R6, R7 ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 28.11.2025, R1 & R2 ARE THE LRs. OF DECEASED R8; VIDE ORDER DATED 27.04.2026, SERVICE OF NOTICE TO R1, R3 & R5 IS HELD SUFFICIENT) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT SOLE ARBITRATOR TO DETERMINE AND ADJUDICATE THE DISPUTE BETWEEN THE PARTIES IN ACCORDANCE WITH ARBITRATION CLAUSE 30 IN AGREEMENT OF SALE DATED 25.06.2014 PRODUCED AS ANNEXURE-B AND WITH PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996 AS MENTIONED IN ANNEXURE-B. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010585262022 NC: 2026:KHC:52399 CMP No. 913 of 2022 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 the following reliefs: "I. APPOINT Sole Arbitrator to determine and adjudicate the dispute between the party's accordance with arbitration clause 30 in agreement of Sale dated 25.06.2014 produced as Annexure-B and with provisions of the arbitration and Conciliation Act, 1996 as mentioned in Annexure-B. II. any other relief the Hon'ble Court deems fit in the interest of justice and equity. III. award costs, in the interest of justice and equity." 2. The brief facts of the case are that the respondents herein are the owners of the petition schedule property and had agreed to sell the schedule property to one G.N.Shanthakumar by receiving certain amount towards sale consideration but the same did not materialize. Thereafter, the respondents executed an Agreement of Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010585262022 NC: 2026:KHC:52399 CMP No. 913 of 2022 Sale dated 25.06.2014 in favour of the petitioner in respect of the petition schedule property for a consideration of Rs.8,25,000/- and received part sale consideration of Rs.3,50,000/-. Thereafter, the respondents failed to execute a sale deed pursuant to the said Agreement of Sale. Subsequently, disputes arose between the parties in relation to the said Agreement. 3. As the disputes arose between the parties, the petitioner, invoking the arbitration clause contained in the Agreement, issued a notice dated 28.10.2022, vide Annexure-G, to the respondents under Section 21 of the Act. The said arbitration clause No.30 reads as under: "30. Any disputes/ differences arising out of this Agreement for Sale shall be referred to Arbitrator and the same shall be governed by the Arbitration and Conciliation Act and shall be resolved within the Jurisdiction of Bangalore." 4. Despite service of the said notice, the respondents did not furnish any response. Hence, the present petition is filed seeking appointment of a sole Arbitrator. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010585262022 NC: 2026:KHC:52399 CMP No. 913 of 2022 5. Notice issued by this Court has been duly served upon the respondents. However, there is no representation on behalf of the respondents. 6. Having regard to the existence of the arbitration clause in the Agreement and the disputes arising between the parties in relation thereto, and as the arbitration clause has been duly invoked by the petitioner by issuing notice under Section 21 of the Act, this Court is of the opinion that a sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. 7. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Sri Bheemanagouda K.Naik, 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: KAHC010585262022 NC: 2026:KHC:52399 CMP No. 913 of 2022 as per the Rules governing the said Arbitration Centre. c) All the claims and contentions of the parties are left 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 19.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE hkh. List No.: 1 Sl No.: 8 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA