- 1 - HC-KAR NC: 2026:KHC:5384 CMP No. 450 of 2024 C/W CMP No. 451 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 450 OF 2024 C/W CIVIL MISC. PETITION NO. 451 OF 2024 IN CMP No. 450/2024 BETWEEN: MOHAN KUMAR V, AGED ABOUT 53 YEARS S/O T VENKATESH R/AT NO 142, 3RD CROSS MANASARA ROAD, INDIRA NAGAR MYSURU 570010 …PETITIONER (BY SRI. RUPESH KUMAR S., V. MOHAN KUMAR, ADVOCATES) AND: U P SHASHIDHAR, AGED ABOUT 47 YEARS S/O PUTTARAME GOWDA R/AT 87, VENKATALINGAIAH LAYOUT VENKATESHWARA LAYOUT SIDDARTH NAGAR MYSURU 570011 …RESPONDENT (RESPONDENT SERVED) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5384 CMP No. 450 of 2024 C/W CMP No. 451 of 2024 THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996 FOR APPOINTMENT OF ARBITRATOR PRAYING THAT THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY BE PLEASED TO A) APPOINT A SOLE ARBITRATOR NAMELY RETIRED HIGH COURT JUSTICE MRS. KAMALA OR ANY OTHER RETIRED DISTRICT JUDGE TO ADJUDICATE UPON THE LIS BETWEEN THE PARTIES AROSE UNDER AGREEMENT DATE 20.10.2022 AND B) PASS SUCH OTHER ORDERS AS ARE NECESSARY IN THE CIRCUMSTANCES OF THE CASE. IN CMP NO. 451/2024 BETWEEN: N MOHAN, AGED ABOUT 53 YEARS S/O K K NATARAJU R/AT NO 1235., 12TH CROSS 8TH MAIN, 1ST STAGE VIJAYANAGAR, MYSURU 570017 ...PETITIONER (BY SRI. RUPESH KUMAR S., ADVOCATE) AND: U P SHASHIDHAR, AGED ABOUT 47 YEARS S/O PUTTARAME GOWDA R/AT NO 87, VENKATALINGAIAH LAYOUT VENKATESWHARA LAYOUT SIDDARTHA NAGAR MYSURU 570011 ...RESPONDENT (RESPONDENT SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996 FOR APPOINTMENT OF ARBITRATOR PRAYING THAT THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY BE PLEASED TO A) APPOINT A SOLE ARBITRATOR - 3 - HC-KAR NC: 2026:KHC:5384 CMP No. 450 of 2024 C/W CMP No. 451 of 2024 NAMELY HON’BLE RETIRED HIGH COURT JUSTICE MRS. KAMALA OR ANY OTHER RETIRED DISTRICT JUDGE TO ADJUDICATE UPON THE LIS BETWEEN THE PARTIES AROSE UNDER AGREEMENT DATE 22.10.2022 AS PER ANNEXURE A, CLAUSE 10. B) PASS SUCH OTHER ORDERS AS ARE NECESSARY IN THE CIRCUMSTANCES OF THE CASE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER These petitions are filed by the petitioners under Section 11(5) of the Arbitration and Conciliation Act, 1996 (‘Act’ for short) for the appointment of a Sole Arbitrator to adjudicate the disputes between the parties in terms of clause 10 of the memorandums of understanding (MOU) dated 20.10.2022 vide Annexure-A in both the petitions. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The respondent entered into a development agreement with the land owners on 06.05.2022. The respondent has entered into general power of attorney - 4 - HC-KAR NC: 2026:KHC:5384 CMP No. 450 of 2024 C/W CMP No. 451 of 2024 with the land owners on the same day and the layout plan was issued by the Town and Country Planning Authority on 29.08.2022. On 13.10.2022, declaration of sharing agreement was entered into by the respondent with the landowners. On 20.10.2022, memorandums of understanding (MOU) were entered into by and between the petitioners and the respondent, thereby agreeing to purchase fully developed 3,700 sq.ft. and 4,500 sq.ft. of identifiable sital areas respectively. The petitioners discovered that the respondent had started to alienate the sites fallen to his share detrimental to the interest of the respondent. There is an arbitration clause in the agreement. The petitioners invoked the arbitration clause by issuing notices dated 03.09.2024 and 26.08.2024 under Section 21 of the Act. The postal cover returned with a shara as ‘unclaimed’. Hence, a cause of action arose for the petitioners to file this petition. Accordingly, prays to allow the petition. - 5 - HC-KAR NC: 2026:KHC:5384 CMP No. 450 of 2024 C/W CMP No. 451 of 2024 3. Notices were issued to the respondent by this Court. Despite the service of notice, the respondent remained unrepresented. 4. Heard the arguments of learned counsel for the petitioners. 5. Learned counsel for the petitioners submits that, there is an arbitration clause, which is invoked by the petitioners by issuing a notice. He submits that, the arbitral dispute arose between the parties and the same has to be resolved through arbitration. Accordingly, prays to allow the petition. 6. Perused the records and considered the submissions of learned counsel for the petitioners. 7. The point that would arise for consideration is as follows: Whether the petitioners have made out a ground to nominate a Sole Arbitrator to adjudicate the disputes between the parties in - 6 - HC-KAR NC: 2026:KHC:5384 CMP No. 450 of 2024 C/W CMP No. 451 of 2024 terms of clause 10 of the agreements dated 20.10.2022 vide Annexure-A in both the petitions? 8. It is an undisputed fact that the respondent has entered into development agreements with the land owners and also entered into MOUs with the petitioners agreeing to purchase fully developed 3,700 sq.ft. and 4,500 sq.ft. of identifiable sital areas respectively. The petitioners discovered that the respondent started to alienate the sites fallen to his share detrimental to the interest of the respondent. There are arbitration clauses in both the MOUs executed on 20.10.2022, which read as follows: “10. Arbitration:- In the event of any dispute between the Parties regarding this Memorandum of Understanding, the Parties shall enter in good faith, negotiations aimed at finding an amicable solution. If the dispute cannot be resolved in a satisfactory manner either Party may refer the matter to Arbitration. The decision of the Arbitral Tribunal shall be - 7 - HC-KAR NC: 2026:KHC:5384 CMP No. 450 of 2024 C/W CMP No. 451 of 2024 binding and final. The provisions of the Arbitration and Conciliation Act 1996 shall apply. The Arbitration venue shall be at Mysuru and conducted in English language. The rules of the Arbitration and Conciliation Center, Bengaluru [Domestic & International] shall be applicable.” 9. From the perusal of clause 10 of the MOUs, it is clear that, if any disputes arise between the parties, the same shall be resolved through arbitration. The petitioners invoked the arbitration clause by issuing notices under Section 21 of the Act on 03.09.2024 and 26.08.2024 respectively. The postal covers were returned with a shara as ‘unclaimed’. Admittedly, the arbitration clauses exist in the MOUs and the disputes between the parties should be resolved through arbitration. Thus, the petitioners have made out a ground to refer the arbitral dispute to arbitration. Accordingly, I answer the point for consideration in the affirmative. 10. In view of the above discussion, I proceed to pass the following: - 8 - HC-KAR NC: 2026:KHC:5384 CMP No. 450 of 2024 C/W CMP No. 451 of 2024 ORDER i. The Civil Miscellaneous Petitions are allowed; ii. Smt. Premavathi Managoli, Retired District Judge is nominated as the Sole Arbitrator to resolve the disputes between the petitioners and the respondent as per the provisions of the Act and the Rules in both the petitions; iii. The Registry is directed to communicate this order to the learned Arbitrator, and the Arbitration and Conciliation Centre, Bengaluru; iv. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 2 Sl No.: 41