- 1 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 581 OF 2024 BETWEEN: M/S GEARS AND PINIONS PRIVATE LIMITED (CIN NO. U22100KA1960PTC001398) A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, PRESENTLY HAVING ITS REGISTERED OFFICE AT NO.211, 2ND MAIN, DEFENCE COLONY, INDIRANAGAR, BANGALORE 560038 REPRESENTED BY ITS MANAGING DIRECTOR MR. DILIP KHEMKA …PETITIONER (BY SRI. MUJTABA H., ADVOCATE) AND: 1. M/S ELEGANT PROPERTIES A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO. 1 ELEGANT DESIRE, COLES ROAD FRAZER TOWN BANGALORE 560 005 REPRESENTED BY ITS PARTNERS MR. B. RAJASHEKAR MRS. R. VIJAYA CHAMUNDI 2. M/S. UNIVERSAL CARBURIZING WORKS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 PROVISIONS OF THE COMPANIES ACT HAVING ITS OFFICE AT NO. 490 MAHADEVAPURA, BANGALORE - 560 048 REPRESENTED BY ITS DIRECTORS MR. MOHAMMED JAMAL MR. IMRAAN JAMAL 3. M/S. ARYA FOUR SEASONS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO. 181, INTERMEDIATE RING ROAD, AMARJYOTHI LAYOUT, DOMALUR, BANGALORE - 560 071 REPRESENTED BY ITS PARTNER MR. A. VIJAYA KUMAR 4. MR. B.A. BASAVARAJA SON OF MR. ANJINAPPA AGED ABOUT 58 YEARS RESIDING AT NO. 6, BYRATHI VILLAGE KOTHANUR POST BANGALORE 560 077 5. MR. R. SHANKAR SON OF MR. RAMACHANDRAPPA AGED ABOUT 58 YEARS RESIDING AT MANJUNATHA NILAYA KACHARAKANAHALLLI, ST. THOMAS TOWN BANGALORE 560 084 6. M/S. OZONE ELEGANT DEVELOPERS LLP FORMERLY KNOWN AS M/S. POSSESSION FOOTBALL LLP AN LLP REGISTERED UNDER THE PROVISIONS OF THE LIMITED LIABILITY PARTNERSHIP ACT HAVING ITS REGISTERED OFFICE AT DOOR NO. 21/1, BEARYS HORIZON, WOOD STREET, ASHOK NAGAR BANGALORE - 560 025 - 3 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 REPRESENTED BY ITS DESIGNATED PARTNER MR. B. RAJASHEKAR 7. M/S. TUSCAN PROPERTIES PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 2ND FLOOR NO.35/1, YELLAPPA CHETTY LAYOUT CIVIL STATION, ULSOOR ROAD BANGALORE 560042 REPRESENTED BY ITS DIRECTOR MR. SREEHARI. M. 8. M/S. OZONE INFRA DEVELOPERS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT DOOR NO. 21/1, BEARYS HORIZON, WOOD STREET, ASHOK NAGAR BANGALORE 560 025 REPRESENTED BY ITS DIRECTOR MR. SREEHARI. M. 9. BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, BANGALORE - 560 020 REPRESENTED BY ITS COMMISSIONER 10. MR. ANAND ANANTHANARAYANAN SON OF MR. S. ANANTHANARAYANAN AGED ABOUT 46 YEARS RESIDING AT NO. E104, PURVA SEASONS KAGGADASAPURA MAIN ROAD C.V. RAMAN NAGAR BANGALORE 560 093 11. MRS. SRIVIDYA ANANTHANARAYANAN WIFE OF MR. ANAND ANANTHANARAYANAN AGED ABOUT 43 YEARS - 4 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 RESIDING AT NO. E104, PURVA SEASONS KAGGADASAPURA MAIN ROAD C.V. RAMAN NAGAR BANGALORE 560 093 12. M/S. CATALYST TRUSTEESHIP LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT GDA HOUSE, FIRST FLOOR PLOT NO. 85, S NO. 94 AND 95 BHUSARI COLONY (RIGHT), KOTHRUD, PUNE 411 038 REPRESENTED BY ITS MANAGING DIRECTOR 13. M/S. NIKULSAN TECHNOLOGIES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT H.NO. 176, SECTOR 10, HBC, FARIDABAD HARYANA 121 006 REPRESENTED BY ITS MANAGING DIRECTOR 14. M/S. OZONE REALTORS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 2ND FLOOR, 35/1, YELLAPPA CHETTY LAYOUT CIVIL STATION, ULSOOR ROAD BANGALORE 560 042 REPRESENTED BY ITS MANAGING DIRECTOR 15. SBI VENTURES LIMITED (FORMERLY KNOWN AS SBICAP VENTURES LIMITED) HAVING ITS OFFICE AT A WING 12TH FLOOR, MARATHON FUTUREX, MAFATLAL MILLS COMPOUND N.M.JOSHI MARG, LOWER PAREL, - 5 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 MUMBAI 400013 REPRESENTED BY ITS CHAIRMAN …RESPONDENTS (BY SRI. DEEPAK BHASKAR, ADVOCATE FOR R6, R7, R8, R14 V/O DATED 4/7/2025 PRASHANTH KUMAR, ADVOCATE FOR R12 SRI. THOMAS VELLAPALLY, ADVOCATE FOR R2 R1, R9, R15 AND R13 ARE SERVED V/O DATED 04.07.2025 NOTICE TO R4 IS H/S V/O DATED 09.01.2026 SERVICE OF NOTICE ON R3, R5, R10, R11 ARE H/S) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO, a) APPOINT A SOLE ARBITRATOR TO ADJUDICATE / RESOLVE THE DISPUTE AND DIFFERENCES ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS IN RELATION TO THE JOINT DEVELOPMENT AGREEMENT DATED 28.01.2013 ANNEXURE A, IN TERMS OF CLAUSE 34 OF THE JOINT DEVELOPMENT AGREEMENT DATED 28.01.2013 VIDE ANNEXURE A, b) TO PASS SUCH OTHER ORDERS, AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 6 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 ORAL ORDER 1. The petitioner has filed this Civil Miscellaneous Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator to resolve the dispute between the parties to the petition in terms of Clause 34 of the Joint Development Agreement dated 28.01.2013. 2. Brief facts leading rise to the filing of this petition are as follows: 3. The petitioner and respondent No. 1 entered into a registered Joint Development Agreement on 28.01.2013 and the petitioner executed a Power of Attorney in favour of respondent No.1 on the same day. Respondent No.1 has committed several breaches and there was an inordinate delay in compliance of the terms of the Joint Development Agreement and during the subsistence of the principal Agreement, the petitioner had also - 7 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 discharged the loan availed by it from the Overseas Bank, Bangalore. 4. Respondent No.1 behind the back of the petitioner, without his consent, entered into various agreements of different and distinct nature regarding the scheduled property. The petitioner invoked clause 11.4 of the General Power of Attorney and revoked the General Power of Attorney dated 28.01.2013 registered on 28.01.2013 by issuing a notice to all the respondents. Since the dispute and difference arose between the petitioner and the respondents, the petitioner invoked in Clause (34) of the Joint Development Agreement dated 28.01.2013 by issuing an arbitration notice dated 05.10.2024 to all the respondents nominating Sri.M.A.Subramani, Advocate, as an arbitrator and called upon the respondents to nominate their arbitrators as provided under the Arbitration clause i.e., Clause (34) of the Joint Development Agreement. - 8 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 5. The notice was issued to respondent Nos.1, 4, 6 to 9 and 12 to 15 on different dates and the notice issued to respondent Nos.2, 3, 5, 10 and 11 returned unserved. Hence, this petition. 6. Learned counsel for the respondents submits that respondents have no objection to appoint an arbitrator. 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. It is an undisputed fact that the petitioner and respondent No.1 entered into a Joint Development Agreement and the petitioner executed a General Power of Attorney in favour of respondent No.1 on 28.01.2013. Respondent No.1 committed a breach of terms and conditions of the Joint Development Agreement. The petitioner revoked the General Power of Attorney by issuing a notice to all the respondents. The dispute arose between the parties - 9 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 to the petition. The petitioner invoked Arbitration Clause (34) of the Joint Development Agreement dated 28.01.2013 by issuing a notice on 05.10.2024 proposing the name of an arbitrator Sri.M.A.Subramani, Advocate, as an arbitrator. 9. The notice was served on respondent Nos.1, 4, 6 to 9 and 12 to 15. Despite the service of notice, the respondents did not concur with the name of the arbitrator proposed by the petitioner. 10. I have perused the arbitration Clause at Clause (34), of the Joint Development Agreement dated 28.01.2013, which reads as follows: “34. ARBITRATION: In the event of any dispute arising out of or touching upon any terms of this agreement, whether during its currency or after its cancellation shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act. 1996 and an Arbitrator shall be appointed - 10 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 by each of the parties and if the Arbitrators do not agree, then an Umpire to be appointed by the Arbitrators, whose decision shall be final and binding on both the parties. However this clause shall be over ride the right of the parties to enforce specific performance of the agreement at the cost of the defaulting party and also be entitled to recover all losses and expenses incurred along with damages as consequences of such breach from the party committing breach.” 11. As there is an arbitration clause in the Joint Development Agreement and a dispute arose between the petitioner and the respondents, the said dispute has to be resolved through an arbitration. 12. Learned counsel for both parties in unison submit that a single arbitrator be appointed, even though the Arbitration Clause (34) provides for appointment of two arbitrators. - 11 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 13. In view of the submissions made by the learned counsel for the respondents that the respondents have no objections to nominate an arbitrator and in the facts and circumstances of the case, I proceed to pass the following order: ORDER (I) This Civil Miscellaneous Petition is allowed. (II) Sri.Bailur Shankar Rama, learned retired District Judge, is nominated as an Arbitrator to resolve the dispute(s) between the petitioner and the respondents in terms of Clause (34) of the Joint Development Agreement, as per the provisions of Arbitration and Conciliation Act, 1996 and the Rules. (III) The Registry is directed to forward a copy of this order to the learned Arbitrator, and the Director of the Arbitration and Conciliation Centre, Bangalore. - 12 - HC-KAR NC: 2026:KHC:5006 CMP No. 581 of 2024 (IV) All the contentions of the parties are kept open. (V) The Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. (VI) Pending application/s, if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 24