- 1 - HC-KAR CNR: KAHC010496752026 NC: 2026:KHC:54029 CMP No. 392 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 392 OF 2026 BETWEEN: 1. M./S PUSHPAM REALTY A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT 1932 HAVING ITS REGISTERED OFFICE AT NO. 191, 1ST CROSS, 1ST CROSS JAYANAGAR EAST, BYRASANDRA BENGALURU-560 011 REP. BY ITS MANAGING PARTNERS SMT VEENA R S W/O DR N MANJUNATHA REDDY AGED ABOUT 60 YEARS. 2. M/S ROSE LANTERN REALTY PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT 2013 HAVING ITS OFFICE AT NO. 724, 4TH B BLOCK 34 WARD, RAILWAY LANE PIPELINES EXTENSION RPC LAYOUT, HAMPINAGAR, BENGALURU 560 040 REPRESENTED BY ITS DIRECTOR SRI A B VIJAY KRISHNA YADAV, AGED ABOUT 46 YEARS. …PETITIONERS (BY SRI. V B SHIVAKUMAR., ADVOCATE) AND: 1. SRI T K SUBRAMANYA S/O LATE KRISHNAPPA Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010496752026 NC: 2026:KHC:54029 CMP No. 392 of 2026 AGED ABOUT 67 YEARS NO. 304/S SUBHIKSHA B BLOCK LG ENCLAVE, LAND MARK RESIDENCY NANJAPPA CIRCLE, VIDYARANYAPURA BENGALURU-560 097. 2. SRI JEEVAN AKSHAY S/O T K SUBRAMANYA NO. 304/S SUBHIKSHA AGED ABOUT 39 YEARS B BLOCK LG ENCLAVE LAND MARK RESIDENCY NANJAPPA CIRCLE VIDYARANYAPURA BENGALURU -560 097. 3. MRS G R BHAGYALAKSHMI W/O SRI T K SUBRAMANYA AGED ABOUT 62 YEARS NO. 304/S SUBHIKSHA B BLOCK LG ENCLAVE, LAND MARK RESIDENCY NANJAPPA CIRCLE, VIDYARANYAPURA BENGALURU-560 097. 4. MRS ARPITHA J W/O MR JEEVAN AKSHAY AGED ABOUT 34 YEARS NO. 304/S SUBHIKSHA B BLOCK LG ENCLAVE, LAND MARK RESIDENCY NANJAPPA CIRCLE, VIDYARANYAPURA BENGALURU-560 097. …RESPONDENTS (BY SRI. SANGAMESH R B., ADVOCATE FOR R1 TO R4) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO ORDER APPOINTMENT OF THE ARBITRATOR IN TERMS OF THE ARBITRATION CLAUSE UNDER JOINT DEVELOPMENT AGREEMENT DATED 11.06.2015 IS AT ANNEXURE A, PARA P PAGE 38 AND SALE AGREEMENT DATED 21.01.2022 IS AT Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010496752026 NC: 2026:KHC:54029 CMP No. 392 of 2026 ANNEXURE E PARA XIV PAGE 68 FOR ADJUDICATION OF THE DISPUTE ARISE BETWEEN THE PETITIONERS AND THE RESPONDENT. 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 parties under the Joint Development Agreement dated 11.06.2015, particularly in terms of Clause ‘P’ thereof, produced at Annexure-A. 2. The brief facts of the case are that respondents No.1 and 2 are the owners of the schedule properties, namely Sy.No.123/3 measuring 32 guntas and Sy.No.13/P6 and Sy.No.13/ measuring 1 acre 13 guntas each, situated at Tarabanahalli Village, Jala Hobli, Devanahalli Taluk, Bengaluru, which were agreed to be jointly developed by the petitioners under the Joint Development Agreement. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010496752026 NC: 2026:KHC:54029 CMP No. 392 of 2026 The petitioners, having been entrusted to act as developer/builder, paid a total consideration of Rs.2,07,94,000/- through NEFT, cheques, RTGS, IMPS and cash. Pursuant to the Joint Development Agreement, the petitioners were required to obtain conversion and necessary approvals, undertake the development at their own cost and construct approximately 9 Villas/Villaments/Town Houses, while the respondents were required to furnish the title documents, execute the necessary Power of Attorney and Agreements to Sell/Sale Deeds and extend all necessary cooperation for implementation of the project. The petitioners contend that they have fulfilled their obligations, including payment of consideration and stamp duty and registration charges, whereas the respondents have failed to perform their part of the obligations under the Agreement resulting in breach of the terms of the Joint Development Agreement. Subsequently, disputes arose between the parties in relation to the said Joint Development Agreement. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010496752026 NC: 2026:KHC:54029 CMP No. 392 of 2026 3. As the disputes arose between the parties, the petitioner, invoking the arbitration clause contained in the Joint Development Agreement, issued a notice dated 25.04.2026, vide Annexure-F, to the respondent under Section 21 of the Act. The same was served on the respondents. The said arbitration clause ‘P’ reads as under: “P. ARBITRATION: All disputes and differences which may arise between the parties hereto and which cannot be settled amicably with regard to the construction, meaning and effect of this Agreement, or any part thereof or in any way related to or pertaining thereto, shall be resolved by having recourse to arbitration in accordance with the provisions of Arbitration & Conciliation Act 2005. The award made by such board of Arbitrators shall be final and binding on the parties hereto and this agreement shall be deemed to be a submission to arbitration within the meaning of Arbitration and Conciliation act., including any statutory modifications/and/or reenactments thereof from time to time. The venue Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010496752026 NC: 2026:KHC:54029 CMP No. 392 of 2026 of such arbitration shall be Bangalore and the Jurisdiction will be of the courts at 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. 5. The learned counsel for the respondents submits that respondents have no objection to the appointment of Sole Arbitrator and all the contentions of the parties may be left open. 6. Having regard to the existence of the arbitration clause contained in the Joint Development Agreement, which provides for resolution of disputes arising between the parties, and the fact that the petitioner has duly invoked the said arbitration clause 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: Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 7 - HC-KAR CNR: KAHC010496752026 NC: 2026:KHC:54029 CMP No. 392 of 2026 ORDER a) Civil Miscellaneous Petition is allowed. b) Shri M.Ramachandra, 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, 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 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. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 8 - HC-KAR CNR: KAHC010496752026 NC: 2026:KHC:54029 CMP No. 392 of 2026 f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 30.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 30 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA