- 1 - HC-KAR CNR: KAHC010305092026 NC: 2026:KHC:55222 CMP No. 220 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 220 OF 2026 BETWEEN: M/S. BNRR CONSULTING HAVING ITS OFFICE AT NO. 18 SINCHANA 1ST FLOOR, 10TH CROSS MALLESHWARAM, BANGALORE - 560 003. REP. BY ITS PROPRIETOR SRI. S. NARAYANAN S/O. SRI. SAGARANAMAN AGED ABOUT 68 YEARS …PETITIONER (BY SRI. MILIND DANGE., ADVOCATE) AND: 1. DR. H. M. PRASANNA AGED ABOUT 55 YEARS S/O. SRI. H. N. HUCHAIAH R/AT NO. 5/17, RAVINANDANA 8TH CROSS, TENT ROAD MAHALAKSHMI LAYOUT BANGALORE - 560 096. ALSO AT PRESTINE HOSPITAL NO. 877, DR. MC MODI HOSPITAL ROAD BASAVESHWARA NAGAR BANGALORE - 560 086. 2. MR. HEMANTH KUMAR H AGED ABOUT 52 YEARS S/O. SRI. H. N. HUCHAIAH R/AT NO. 5/17, RAVINANDANA 8TH CROSS, TENT ROAD MAHALAKSHMI LAYOUT BANGALORE - 560 096. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010305092026 NC: 2026:KHC:55222 CMP No. 220 of 2026 3. MRS. HEMAMALINI M. J., AGED ABOUT 44 YEARS W/O. MR. HEMANTH KUMAR H R/AT NO. 5/17, RAVINANDANA 8TH CROSS, TENT ROAD MAHALAKSHMI LAYOUT BANGALORE - 560 096. 4. ANAND RATHI GLOBAL FINANCE LIMITED 2ND FLOOR, BIKANER PINNACLE NO.1, RHENIUS STREET OFF. RICHMOND ROAD BANGALORE - 560 025. …RESPONDENTS (R1 TO R4 ARE SERVED) THIS CMP IS FILED UNDER SECTION 11(5) AND 11(6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR FOR THE PURPOSE OF ADJUDICATION OF THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT NOS.1 AND 2 AS PER CLAUSE 18 OF THE JOINT DEVELOPMENT AGREEMENT DATED: 25.09.2020 PRODUCED AT ANNEXURE – A. 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 Sections 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 petitioner and respondent Nos.1 and 2 under the Joint Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010305092026 NC: 2026:KHC:55222 CMP No. 220 of 2026 Development Agreement dated 25.09.2020, particularly in terms of Clause 18 thereof, produced at Annexure-A. 2. The brief facts of the case are that the petitioner is a proprietorship concern engaged in real estate development. Respondents Nos.1 and 2, being the absolute owners of the petition schedule property approached the petitioner for development of the said property. Thereafter, the parties entered into a Joint Development Agreement dated 25.09.2020. 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 16.03.2026, vide Annexure-L to the respondents under Section 21 of the Act. The said arbitration clause 18 reads as under: “18. All the disputes and differences arising between the parties hereto with regard to Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010305092026 NC: 2026:KHC:55222 CMP No. 220 of 2026 interpretation of effect of any of the terms and conditions contained in this agreement or with regard to the rights and obligations of the parties hereto under this agreement shall be referred to the sole arbitration of Bengaluru. The Arbitrator shall be governed by the provisions of the Indian Arbitration Act.” 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 appearing for the respondents submits that respondents have no objection to the appointment of sole Arbitrator. However, he seeks that all the contentions of the parties be kept open to be urged before the learned Arbitrator. 6. Having regard to the existence of the arbitration clause contained in the Agreement, which provides for resolution of disputes arising between the parties, and the fact that the petitioner has duly invoked the said Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010305092026 NC: 2026:KHC:55222 CMP No. 220 of 2026 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: ORDER a) Civil Miscellaneous Petition is allowed. b) Sri.Bailur Shankara Rama, 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 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010305092026 NC: 2026:KHC:55222 CMP No. 220 of 2026 Bhavan, Bengaluru, and also to the learned 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 05.11.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 23 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA