- 1 - HC-KAR NC: 2026:KHC:4361 CMP No. 629 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 629 OF 2025 BETWEEN: M/S OIKOS APARTMENRS PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED ADDRESS AT 132 EMBASSY WOODS, 6A, CUNNINGHAM ROAD, BANGALORE- 560001 THROUGH ITS AUTHORISED REPRESENTATIVE, MR. M. VAIDYANATHAN …PETITIONER (BY SRI. ROHAN KOTHARI., ADVOCATE) AND: 1. M/S RENAISSANCE DEVELOPERS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED ADDRESS AT NO.50, 17TH CROSS, 8TH MAIN, MALLESHWARAM, BANGALORE-560055 REPRESENTED BY ITS DIRECTOR, MR. N.S. RAMANJ 2. RENAISSANCE REAL ASSET DEVELOPERS INDIA LLP, A PARTNERSHIP COMPANY AND HAVING ITS REGISTERED OFFICE AT Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4361 CMP No. 629 of 2025 NO.50, 17TH CROSS, 8TH MAIN, MALLESHWARAM, BANGALORE-560055 REPRESENTED BY ITS PARTNER, MR. N.S. RAMANJ. 3. MR. JAYANTH M. PATTANSHETTI, ADVOCATE, HAVING HIS OFFICE AT NO.102, GROUND FLOOR, RAMS INFANTRY MANOR, NO.70, INFANTRY ROAD, BANGALORE-560001 …RESPONDENTS (BY SRI. JAYANTH V., ADVOCATE FOR R1 & R2 SRI. B.R. KRISHNA, ADVOCATE FOR R3) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR (SECOND OUT OF A THREE-MEMBER PANEL) TO RESOLVE THE DISPUTES BETWEEN THE PARTIES, IN ACCORDANCE WITH CLAUSE 18 OF THE DEVELOPMENT AGREEMENT DATED 22.04.2010 ANNEXURE - A, AND CLAUSE 8.2 OF THE TRUST AGREEMENT DATED ANNEXURE - B, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4361 CMP No. 629 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘Act’ for short) to appoint Arbitrators to resolve the dispute between the parties to the petition in terms of clause 18 of the development agreement dated 22.04.2010 vide Annexure-A and clause 8.2 of trust agreement dated 17.09.2014 vide Annexure-B. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The parties to the petition entered into a development agreement dated 22.04.2010 for development of schedule property and the trust agreement dated 17.09.2014 through which, the original title deeds regarding the schedule property have been placed in escrow with respondent No.3. Despite the passage of over a decade since the execution of a development agreement, the schedule property remains - 4 - HC-KAR NC: 2026:KHC:4361 CMP No. 629 of 2025 undeveloped and has been led to waste. The petitioner, being the absolute owner of the schedule property, terminated the development agreement on 22.04.2025 by issuing a termination notice and called upon respondent No.3 to return the original title deeds. Clause 18 of the Development Agreement provides for arbitration as agreed upon method for dispute resolution and entails the procedure through which a three member arbitration panel is to be constituted. The procedure mandates that the petitioner, respondent Nos.1 and 2 nominate a member to the panel. Thereafter, the nominated members to mutually appoint the third Arbitrator, who is to act as a Presiding Arbitrator. Additionally, clause 8.2 of the trust agreement, which is ancillary to the development agreement, also requires the party to resolve the dispute through arbitration. On 23.09.2025, the petitioner issued a notice under Section 21 of the Act, invoking arbitration and nominated Hon'ble Mr. Justice Anand Byrareddy, Retired Judge of this Court as its nominee for the arbitration - 5 - HC-KAR NC: 2026:KHC:4361 CMP No. 629 of 2025 proceedings. Respondent Nos.1 and 2 have neither conveyed their nominee nor issued a reply to the arbitration notice. Hence, this petition. 3. Heard the arguments of learned counsel for the parties. 4. The learned counsel for the respondents submits no objection to allow the petition and nominate Hon'ble Mr. Justice A.S.Bopanna, Former Judge, Supreme Court of India, Hon'ble Mr. Justice P.Vishwanatha Shetty and Hon'ble Mr. Justice Srinivas Harish Kumar, Former Judges, High court of Karnataka as Arbitrators 5. The learned counsel for the petitioner submits that he has no objection to appoint the Hon'ble Judges referred above. 6. I have perused the arbitration clauses respectively in Annexures-A and B, which reads as follows: - 6 - HC-KAR NC: 2026:KHC:4361 CMP No. 629 of 2025 ANNEXURE-A: “18. ARBITRATION The Parties hereto agree that in the event of there being any dispute with regards to this Agreement or interpretation of any of the terms of this Agreement, the same shall be referred to the Arbitration in terms hereof; Arbitration shall be conducted as follows: (a) All proceedings in any arbitration shall be conducted in English. (b) The dispute shall be referred to a panel of three arbitrators, one to be approved by each of the disputing party and the presiding arbitrator being appointed by the Arbitrators nominated by the Parties. (c) The arbitration award shall be final and binding on the parties, and the parties agreed to be bound thereby and act accordingly. (d) The arbitral tribunal may by unanimous agreement, award to a party that substantially prevails on the merits its costs and reasonable expenses (including reasonable fees of its counsel). (e) Seat of such arbitration tribunal shall be at Bangalore (f) The Arbitration Proceedings shall be governed by the Arbitration and Conciliation Act, 1996” - 7 - HC-KAR NC: 2026:KHC:4361 CMP No. 629 of 2025 ANNEXURE-B: “8.2 Arbitration 8.2.1 Subject to Clause 8.1 above, all disputes, differences, controversies and questions directly or indirectly arising at any time under, out of, in connection with or in relation to this Agreement (or the subject matter of this Agreement) including, without limitation, all disputes, differences, controversies and questions relating to the validity, interpretation, construction, performance and enforcement of any provision of this Agreement shall be finally, exclusively and conclusively resolved by reference to binding arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 and any statutory re- enactment or modification thereof. 8.2.2 The Parties agree that they shall be bound by any arbitral award or Order resulting from any arbitration conducted hereunder and any judgment on any arbitral award or Order in an arbitration on attaining finality held pursuant to this Clause may be entered in any court having jurisdiction in relation thereto or having jurisdiction over any of the Parties or any of their assets. 8.2.3 The arbitration shall be conducted by an arbitral tribunal consisting of 3 (three) arbitrators. Each - 8 - HC-KAR NC: 2026:KHC:4361 CMP No. 629 of 2025 Party shall appoint 1 (One) arbitrator. The language of the arbitration shall be English.” 7. There is no dispute regarding the execution of the development agreement, and the trust agreement. The dispute arose between the parties to the petition and the said dispute has to be resolved through arbitration. 8. In view of the submissions made by the learned counsel for the parties that the Hon'ble Judges referred above may be appointed as Arbitrators, I proceed to pass the following: ORDER i. The Civil Miscellaneous Petition is allowed; ii. Hon'ble Mr. Justice A.S.Bopanna, Former Judge, Supreme Court of India, Hon'ble Mr. Justice P.Vishwanatha Shetty and Hon'ble Mr. Justice Srinivas Harish Kumar, Former Judges, High court of Karnataka are nominated as Arbitrators to resolve the disputes between the petitioner and the respondents as per the provisions of the Arbitration and Conciliation Act and Rules; - 9 - HC-KAR NC: 2026:KHC:4361 CMP No. 629 of 2025 iii. The Registry is directed to communicate this order to the learned Arbitrators, and the Director of Arbitration and Conciliation Centre, Bengaluru; iv. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA [ONLINE] CT:KHV List No.: 1 Sl No.: 53