- 1 - HC-KAR CNR: KAHC010225352026 NC: 2026:KHC:52884 CMP No. 146 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 146 OF 2026 BETWEEN: M/S. RAJA HOUSING LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT PRESTIGE BLUE CHIP SOFTWARE, BLOCK-2, MEZZANINE FLOOR, NEXT TO BANGALORE DAIRY, HOSUR ROAD, BENGALURU - 560 029. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR SRI. RAJA SUCHINDRA S/O.SRI. RAJA JAISHANKAR AGED ABOUT 59 YEARS. …PETITIONER (BY SRI. V.B.SHIVAKUMAR., ADVOCATE) AND: 1. SRI.BABU REDDY.N (NARAYANA REDDY BABUREDDY), S/O.LATE SRI. NARAYANA REDDY, AGED ABOUT 53 YEARS, RESIDING AT NO.188/6, Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010225352026 NC: 2026:KHC:52884 CMP No. 146 of 2026 'PANCHAMUKHI NILAYA', SARJAPURA ROAD, BEHIND CORPORATION BANK, DOCTOR LAYOUT, ATTIBELE, ANEKAL TALUK - 562 107. 2. SMT. KALAVATHI. D., W/O.SRI.BABU REDDY.N, AGED ABOUT 42 YEARS, RESIDING AT NO.188/6, 'PANCHAMUKHI NILAYA', SARJAPURA ROAD, BEHIND CORPORATION BANK, DOCTOR LAYOUT, ATTIBELE, ANEKAL TALUK - 562 107. 3. SRI.B.CHIRANNATHAN REDDY, S/O.SRI.BABU REDDY.N, AGED ABOUT 23 YEARS, RESIDING AT NO.188/6, 'PANCHAMUKHI NILAYA', SARJAPURA ROAD, BEHIND CORPORATION BANK, DOCTOR LAYOUT, ATTIBELE, ANEKAL TALUK - 562 107. 4. SRI. YASHOVARDHAN.B., S/O.SRI.BABU REDDY.N, AGED ABOUT 20 YEARS, RESIDING AT NO.188/6, 'PANCHAMUKHI NILAYA', SARJAPURA ROAD, BEHIND CORPORATION BANK, DOCTOR LAYOUT, Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010225352026 NC: 2026:KHC:52884 CMP No. 146 of 2026 ATTIBELE, ANEKAL TALUK - 562 107. …RESPONDENTS (BY SRI.HARISH KUMAR M.S., ADVOCATE FOR R1; R2 TO R4 SERVED) THIS CMP IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT AN IMPARTIAL ARBITRATOR IN TERMS OF THE ARBITRATION CLAUSE UNDER MEMORANDUM OF UNDERSTANDING DATED 16.05.2024 WHICH IS AT ANNEXURE - A FOR ADJUDICATION OF THE DISPUTE AS PER CLAUSE 26 IN THE MEMORANDUM OF UNDERSTANDING IN THE INTEREST OF JUSTICE AND EQUITY. 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 This petition is filed under Section 11(6) of Arbitration and Conciliation Act , 1996, (for short ' the Act') seeking the following relief:- "WHEREFORE, Petitioner pray that this Hon'ble court may be pleased to appoint an impartial Arbitrator in terms of the Arbitration Clause under Memorandum of Understanding dated 16.5.2024 which is at Annexure-A for adjudication of the dispute as per Clause '26' in the Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010225352026 NC: 2026:KHC:52884 CMP No. 146 of 2026 Memorandum of Understanding in the interest of justice and equity." 2. The brief facts of the case are that, the petitioner is a company engaged in development of land properties. The respondents are the owners of the properties in question, and have entered into an agreement under Memorandum of Understanding (for short 'MOU') with the petitioner for development of their properties. 3. The respondents have not fulfilled their obligations in accordance with the terms and conditions of the MOU. Hence, disputes arose between the parties in relation to the said MOU. 4. In the said MOU dated 16.05.2024, there is an arbitration clause for redressal of the dispute between the parties. As the disputes arose between the parties, the petitioner, invoking the arbitration clause contained in the said MOU issued an arbitration notice on 12.11.2025, vide Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010225352026 NC: 2026:KHC:52884 CMP No. 146 of 2026 Annexure-D, to the respondent under Section 21 of the Act. The said arbitration Clause '26' reads as under: "26. In the event of any dispute or differences arising between the parties hereto while interpreting the terms of this MOU or otherwise, the same shall be resolved in accordance with the provisions of the Arbitration and Conciliation Act, 1996 subject to amendments, from time to time. The Arbitration proceedings shall be held in English language at Bengaluru. The party at default would be liable to pay the entire cost of Arbitration." 5. Despite service of the said notice, the respondent did not furnish any response. Hence, the present petition is filed seeking appointment of a sole Arbitrator. 6. The learned counsel appearing for the respondent No.1 has submitted that he has no objection for appointment of the sole Arbitrator. 7. Having regard to the existence of the arbitration clause in the said MOU 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 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010225352026 NC: 2026:KHC:52884 CMP No. 146 of 2026 opinion that a sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. 8. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Shri Ravindra M. Joshi, former 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. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 7 - HC-KAR CNR: KAHC010225352026 NC: 2026:KHC:52884 CMP No. 146 of 2026 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 23.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE HR List No.: 1 Sl No.: 28 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA