- 1 - HC-KAR NC: 2026:KHC:18085 CMP No. 274 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.274 OF 2025 BETWEEN: MR. SAMUEL JOHNSON AGED ABOUT 60 YEARS SON OF MR.BHAGYANATHAN, RESIDING AT FLAT NO.A 302, MANTRI SPLENDOR, HENNUR MAIN ROAD, NEAR FOOD WORLD, GEDDALAHALLI, DR.SHIVARAM KARANTHANAGAR, BANGALORE - 560 077 Email: samueljohson.d@gmail.com &PETITIONER (BY SRI. JOSHUA HUDSON SAMUEL, ADVOCATE) AND: 1. MARUTHI CONSTRUCTIONS AT SITE NO.126, M.R.RICHES GARDEN, 1ST 'B' CROSS, NEAR JUBLIEE COLLEGE, NRI LAYOUT, PHASE 2 KALKERE, BANGALORE - 560 043 REPRESENTED BY ITS PROPRIETOR MR. MADHUSUDANA REDDY V Email: madhu.vaddi009@gmail.com Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18085 CMP No. 274 of 2025 2. MR. MADHUSUDANA REDDY V AGED ABOUT 50 YEARS, SON OF MR.V.VENKATARAMANA REDDY, PROPRIETOR, AT SITE NO.126, M.R.RICHES GARDEN, 1ST 'B' CROSS, NEAR JUBLIEE COLLEGE, NRI LAYOUT, PHASE 2 KALKERE, BANGALORE - 560 043 Email: madhu.vaddi009@gmail.com &RESPONDENTS (BY SRI. FAYAZ SAB B.G., ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5/6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO CONSTITUTE THE ARBITRAL TRIBUNAL, TO ADJUDICATE UPON THE DISPUTE BETWEEN THE PARTIES UNDER THE JOINT DEVELOPMENT AGREEMENT, DATED 24.10.2019 AND CONSEQUENTLY REFER THE DISPUTES AND THE PARTIES TO ARBITRATION AS PER CLAUSE NO. 13 OF ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2026:KHC:18085 CMP No. 274 of 2025 ORAL ORDER Heard the learned counsels appearing for the parties. 2. In this petition, petitioner has sought for appointment of Arbitrator as per Clause-13 of the Joint Development Agreement dated 24.10.2019 (Annexure-A) to the petition. 3. It is contented by the learned counsel appearing for the petitioner by referring to Clause-13 of the Joint Development Agreement that in view of the dispute arising between the parties, the appointment of the Arbitrator is necessitated. 4. Per contra, learned counsel appearing for the respondents referring to Clause-12 of the Joint Development Agreement at Annexure-A, submitted that, in the event of any breach of the terms of Joint Development Agreement, the provision has also been made for the relief to get entitled to specific performance. Accordingly, sought for dismissal of the petition. - 4 - HC-KAR NC: 2026:KHC:18085 CMP No. 274 of 2025 5. In the light of the submission made by learned counsels appearing for the parties and taking into consideration Clause-12 and Clause-13 of the Joint Development Agreement dated 24.10.2019 at Annexure-A, I am of the view that, the appointment of an Arbitrator is to be made for resolution of the dispute between the parties. 6. Accordingly, this petition under Section 11(5/6) of the Act, 1996 is allowed. Sri. Umesh.M.Adiga, Former Judge, High Court of Karnataka is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Arbitration Centre. 7. Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 30.04.2026 at 11.00 a.m., without waiting for further notice in this regard. On appearance of the parties, learned Arbitrator is requested to resolve the dispute at the earliest. - 5 - HC-KAR NC: 2026:KHC:18085 CMP No. 274 of 2025 8. All claims and contentions of the parties are left/kept open to be decided by the Arbitral Tribunal. 9. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter. 10. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. Sd/- (E.S.INDIRESH) JUDGE SMJ List No.: 1 Sl No.: 29