- 1 - HC-KAR NC: 2026:KHC:7046 CMP No. 419 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 419 OF 2025 BETWEEN: M/S STAMBHA PROPERTIES PVT. LTD. REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT HAVING ITS REGISTERED OFFICE PRESENTLY AT NO. 110/2, 1ST FLOOR, LAL BAGH MAIN ROAD, KRISHNAPPA LAYOUT, BANGALORE-560048 REPRESENTED BY ITS AUTHORISED SIGNATORY & DIRECTOR SRI. MANISH SETHIA, …PETITIONER (BY SRI. VEERESH MAHESH UPPIN., ADVOCATE) AND: 1. SRI NARAYANASWAMY S/O LATE. SHRI VENKATAPPA AGED ABOUT 52 YEARS, 2. SMT. MUNIRATHNA W/O SRI. NARAYANASWAMY AGED ABOUT 45 YEARS 3. SMT. V N CHAITHRA D/O SRI. NARAYANASWAMY AGED ABOUT 27 YEARS Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7046 CMP No. 419 of 2025 4. SRI. V.N. SHASHIKUMAR S/O SRI. NARAYANASWAMY AGED ABOUT 22 YEARS 5. SMT. V N PAVITRA D/O SRI. NARAYANASWAMY AGED ABOUT 26 YEARS 6. SRI. MUNIYAPPA S/O LATE SRI. ANJINAPPA AGED ABOUT 51 YEARS, 7. SMT. MAHADEVAMMA W/O SRI. MUNIYAPPA AGED ABOUT 45 YEARS, 8. SRI. MANJULA V M D/O SRI. MUNIYAPPA AGED ABOUT 28 YEARS, 9. SRI. SHANTH KUMAR V M S/O SRI. MUNIYAPPA AGED ABOUT 31 YEARS, 10. SRI. DALIP KUMAR V M S/O SRI. MUNIYAPPA AGED ABOUT 23 YEARS, 11. SRI. CHOWDAPPA S/O LATE SRI. ANJINAPPA AGED ABOUT 48 YEARS, 12. SMT. RATHNAMMA W/O SRI. CHOWDAPPA AGED ABOUT 45 YEARS, 13. SRI. SRINIVAS V C @ MANJUNATH S/O SRI. CHOWDAPPA AGED ABOUT 29 YEARS, ALL ARE RESIDING AT VAGATA VILLAGE, - 3 - HC-KAR NC: 2026:KHC:7046 CMP No. 419 of 2025 JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, HOSKOTE-562 114 …RESPONDENTS (BY SMT RACHANA P PISE, ADVOCATE FOR R11, R12 & R13 R1, R2, R3, R4, R5, R6, R7, R8, R9 AND R10 ARE SERVED) THIS CIVIL MISC. PETITION FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO REFER THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS TO ARBITRATION BY WAY OF APPOINTMENT OF ARBITRATOR AS PER CLAUSE 10 OF ARBITRATION AGREEMENT i.e., AGREEMENT OF SALE DATED 22.06.2021 (ANNEXURE - 1). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act for the appointment of an arbitrator to resolve the dispute between the petitioner and respondents in terms of clause 10 of agreement of sale dated 22.06.2021 vide Annexure-1. - 4 - HC-KAR NC: 2026:KHC:7046 CMP No. 419 of 2025 2. Brief facts, leading rise to the filing of this petition are as follows: 3. The respondents are the absolute owners of the vacant land in Survey No.110/4, measuring 1 acre 26 guntas (excluding 1 gunta B kharab land) situated at Vagata village, Jadigenahalli Hobli, Hoskote Taluk, Bangalore Rural. The petitioner intended to purchase the said land and agreed to purchase the said land from the respondents. The respondents agreed to sell the property to the petitioner for a consideration of ₹1,11,37,500/- and the petitioner paid a sum of ₹25,00,000/- towards the earnest money. Accordingly, the respondents have executed an agreement of sale dated 22.06.2021 vide Annexure-1. The respondents committed a breach of terms of contract. Hence, the petitioner invoked an arbitration clause at clause 10 of the sale agreement dated 22.06.2021, by issuing an arbitration notice dated 06.11.2024. The respondents - 5 - HC-KAR NC: 2026:KHC:7046 CMP No. 419 of 2025 did not reply to the arbitration notice. Hence, this petition. 4. A notice was issued to respondent Nos.1 to 10. Despite service of notice, the respondents remained unrepresented. 5. Heard the arguments of the learned counsel for the petitioner and learned counsel for the respondents. 6. Learned counsel for the petitioner submits that arbitral dispute arose between the parties and the petitioner invoked arbitration clause. Hence, prays to allow the petition. 7. Learned counsel for the respondents No.11 to 13 submits no objection to allow the petition. 8. Perused the records, and considered the submissions of the learned counsel for the parties. 9. The point that arises for consideration is as follows: - 6 - HC-KAR NC: 2026:KHC:7046 CMP No. 419 of 2025 “Whether the petitioner has made out a ground to refer the dispute to the arbitrator in terms of clause 10 of Agreement of sale dated 22.06.2021 vide Annexure-A as per the Arbitration and Conciliation Act and the Rules?” 10. It is an undisputed fact that the respondents are the absolute owners of the property in question, and agreed to sell the said land for consideration of ₹1,11,37,500/- and the petitioner paid ₹25,00,000/- towards the advance sale consideration amount. Accordingly, respondents executed a sale agreement dated 22.06.2021 to the petitioner. It is contended that the petitioner was ready and willing to perform his part of contract, but the respondents were not ready and willing to perform their part of contract. Thus, the respondents have committed a breach of terms and conditions of the agreement of sale dated 22.06.2021. There is an arbitration clause 10 in the agreement of sale, which reads as follows: - 7 - HC-KAR NC: 2026:KHC:7046 CMP No. 419 of 2025 10. Arbitration: 10.1 All disputes, differences, claims, etc., arising out of and/or connected with this agreement shall be resolved through arbitration to be conducted under the provisions of the Indian Arbitration and Conciliation Act, 1996. 10.2 The Arbitral Tribunal shall comprise of a sole arbitrator to be nominated by the purchaser. 10.3 The arbitration proceedings shall be held only at Bangalore and shall be conducted only in the English language. 11. From the perusal of clause 10, if any dispute, differences, claims, etc., arising out of and/or connected with the agreement shall be resolved through an arbitration. Admittedly, the petitioner invoked an arbitration clause by issuing an arbitration notice on 06.11.2024 under Section 21 of the Arbitration and Conciliation Act, 1996. However, the respondents did not reply to the arbitration notice. - 8 - HC-KAR NC: 2026:KHC:7046 CMP No. 419 of 2025 12. The learned counsel for respondents No.11 to 13 submits no objection to the allow the petition. In view of the submission made by the learned counsel for the respondents, I proceed to pass the following order: ORDER i. The Civil miscellaneous petition is allowed. ii. Hon'ble Mr. Justice P Krishna Bhat, former Judge, High Court of Karnataka is nominated as an arbitrator to resolve the dispute between the petitioner, and respondents as per the provisions of the Arbitration and Conciliation Act and the Rules. iii. The Registry is directed to communicate this order to the learned arbitrator and the director of the Arbitration and Conciliation Center, Bengaluru. iv. The Registry is directed to return the original/certified copy of the documents produced by the petitioner - 9 - HC-KAR NC: 2026:KHC:7046 CMP No. 419 of 2025 after retaining the photocopy of the same. v. Pending application(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS