- 1 - HC-KAR NC: 2026:KHC:7045 CMP No. 645 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. 645 OF 2025 BETWEEN: 1. MUNIREDDY DEAD BY LEGAL REPRESENTATIVES THE PETITIONER No.1, 6, 8, 12, 15 & 16 MR. YANGA REDDY S/O LATE. MUNIREDDY, AGED ABOUT 74 YEARS, 2. MR.VENKATASWAMY REDDY Y S/O MR YANGA REDDY, AGED ABOUT 49 YEARS, 3. SMT.VARALAKSHMI.Y W/O MR. BHASKAR REDDY AND D/O MR.YANGA REDDY, AGED ABOUT 45 YEARS, 4. SMT. CHANNAMMA.Y W/O K.V. JAGANNATH REDDY AND D/O MR.YANGA REDDY, AGED ABOUT 35 YEARS, 5. SMT. SHARADA W/O MR.GOVINDA REDDY AND D/O MR.YANGA REDDY, AGED ABOUT 34 YEARS, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7045 CMP No. 645 of 2025 6. MR. GOPALA REDDY S/O LATE. MUNIREDDY, AGED ABOUT 70 YEARS, 7. MR.JAGADEESH S/O MR. GOPALA REDDY, AGED ABOUT 44 YEARS, PETITIONER No.1 TO 7 ARE R/AT No.326, 2ND CROSS BEHIND TULASI THEATRE MARATHAHALLI BENGALURU-560037 8. MR. NARAYANA REDDY S/O LATE. MUNIREDDY, AGED ABOUT 64 YEARS, 9. SMT. ASHA W/O MR. RAGHUNATH REDDY AND D/O MR. NARAYANA REDDY, AGED ABOUT 38 YEARS, 10. SMT. ROOPA W/O MR. ASHOK KUMAR AND D/O MR. NARAYANA REDDY, AGED ABOUT 36 YEARS, 11. MR.N.VENKATESH S/O MR. NARAYANA REDDY, AGED ABOUT 34 YEARS, 12. MR. BHADRA REDDY S/O LATE.MUNIREDDY, AGED ABOUT 61 YEARS, 13. SMT.SHAMALA W/O VENKATESH AND D/O MR. BHADRA REDDY, AGED ABOUT 38 YEARS, - 3 - HC-KAR NC: 2026:KHC:7045 CMP No. 645 of 2025 14. SMT. BHAVYA D/O MR. BHADRA REDDY, AGED ABOUT 34 YEARS, PETITIONER Nos.8 TO 14 ARE R/AT RAYASANDRA VILLAGE HUSKUR ROAD SARJAPURA HOBLI ANEKAL TALUK – 560 099 15. SMT. NAGARATHNAMMA W/O MR.ASHWATH REDDY AND D/O LATE. MUNIREDDY, AGED ABOUT 54 YEARS, R/AT BALAGERE VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE – 560 087 16. SMT. MUNILAKSHMAMMA W/O MR. ABBAIAH REDDY AND D/O LATE.MUNIREDDY AGED ABOUT 51 YEARS, R/AT THATHANUR VILLAGE ANUGONDANA HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 560 067 17. MALLIKARJUNA DEAD BY LEGAL REPRESENTATIVES THE PETITIONER No.17 TO 19 SMT. MANJULA W/O LATE MALLIKARJUNA AGED ABOUT 41 YEARS, 18. VENUGOPAL.M S/O LATE MALLIKARJUNA, AGED ABOUT 22 YEARS, - 4 - HC-KAR NC: 2026:KHC:7045 CMP No. 645 of 2025 19. M.LIKITH REDDY S/O LATE MALLIKARJUNA AGED ABOUT 19 YEARS, PETITIONER No.17 TO 19 ARE R/AT NO.326, 2ND CROSS, BEHIND TULASI THEATRE, MARATHAHALLI, BENGALURU-560037 …PETITIONERS (BY SRI. SRINIVASA M V., ADVOCATE) AND: M/S PRABHAVATHI BUILDERS AND DEVELOPERS PRIVATE LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF INDIAN COMPANIES ACT, 1956 AND HAVING ITS OFFICE AT NO. 80, 2ND FLOOR, 1ST CROSS, 2ND MAIN, VYASA BANK GRUHA NIRMANA SAHAKARA SANGA LAYOUT, NEAR RELIANCE FRESH, BTM 2ND STAGE, BENGALURU-560 076. REPRESENTED BY ITS MANAGING DIRECTOR, MR. B.E. PRAVEEN KUMAR, S/O. MR. EKAMBARAM, AGED ABOUT 40 YEARS. ALSO AT: NO.105, 9TH MAIN, SR NAIDU LAYOUT, HONGASANDRA, BENGALURU-560068. …RESPONDENT (BY SRI. USHA M V.,ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT MR. H.R. DESHPANDE, RETIRED DISTRICT JUDGE, AS A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE ARISING - 5 - HC-KAR NC: 2026:KHC:7045 CMP No. 645 of 2025 OUT OF THE JOINT DEVELOPMENT AGREEMENT DATED 7.06.2013, REGISTERED AS DOCUMENT NO.SRJ-1- 00925/2013-14 OF BOOK-I, STORED IN CD NO.SRJD125, IN THE OFFICE OF THE SUB-REGISTRAR SARJAPURA AS PER CLAUSE NO.21 OF JOINT DEVELOPMENT AGREEMENT (ANNEXURE - A). 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, 1996, for the appointment of an arbitrator to resolve the dispute between the parties to the petition in terms of clause 21 of the Joint Development Agreement (hereinafter referred to as ‘JDA’ for brevity) dated 07.06.2013 vide Annexure-A. 2. Brief facts, leading rise to the filing of this petition are as follows: 3. The petitioners entered into a joint development agreement dated 07.06.2013 with the respondent for development of land in question into residential - 6 - HC-KAR NC: 2026:KHC:7045 CMP No. 645 of 2025 apartment. In pursuance of the JDA, the petitioners executed a General Power of Attorney in favour of the respondent on 07.06.2013. The petitioners have executed a rectification of the JDA and rectification of general power of attorney in favour of the respondent on 19.08.2013. The respondent secured the sanction plan and started the construction in the land in question. Despite the lapse of 10 years, the respondent had only put up pillars for ground floor over a portion of the property in question and failed to continue with further construction. The respondent had failed to comply with the terms and conditions of the joint development agreement. The petitioners have terminated the joint development agreement and revoked the GPA on 21.08.2025. There is an arbitration clause 21 in the joint development agreement. The petitioners have invoked an arbitration clause by issuing an arbitration notice under Section 21 dated 21.08.2021 vide Annexure-E. - 7 - HC-KAR NC: 2026:KHC:7045 CMP No. 645 of 2025 Despite the service of notice, the respondent did not reply to the arbitration notice. Hence, this petition. 4. Learned counsel for the respondent submits no objection to allow the petition. 5. Perused the records, and considered the submissions of the learned counsel for the parties. 6. The point that arises for consideration is as follows: “Whether the petitioners have made out a ground to refer the dispute to the arbitrator in terms of clause 21 of Joint Development Agreement vide Annexure-A as per the Arbitration and Conciliation Act and the Rules?” 7. It is an undisputed fact that the petitioners and respondent have executed a joint development agreement and general power of attorney dated 07.06.2013. Subsequently a rectification of joint development agreement and general power of attorney came to be executed on 19.08.2013. The - 8 - HC-KAR NC: 2026:KHC:7045 CMP No. 645 of 2025 respondent committed a breach of terms and conditions of joint development agreement. The petitioners terminated the joint development agreement and revoked the General Power of Attorney. There is an arbitration clause 21 in the Joint Development Agreement, which reads as follows: 21. Arbitration: In the event of any difference or disputes arising between the parties in regard to the agreement or any matter relating thereto the same shall be referred for settlement by Arbitration, under the provisions of the Arbitration and Conciliation Act, 1996, each disputing party nominating an arbitrator of their choice. The Hon’ble Courts at Bangalore have the jurisdiction to entertain the case. 8. From the perusal of clause 21 of the Joint Development Agreement, it is clear that, if any dispute arises between the parties to the petition regarding the agreement or any matter relating - 9 - HC-KAR NC: 2026:KHC:7045 CMP No. 645 of 2025 thereto the same shall be referred for settlement by an arbitration. Admittedly, there is an arbitration clause in the joint development agreement and the dispute arose between the parties to the petition, and the same shall be resolved through an arbitration. 9. The learned counsel for respondent submits no objection to the allow the petition. In view of the submission made by the learned counsel for the respondent, I proceed to pass the following order: ORDER i. The Civil Miscellaneous Petition is allowed. ii. Sri. H.R.Deshpande, District Judge (retired) is nominated as arbitrator to resolve the dispute between parties to the petition as per the provisions of the Arbitration and Conciliation Act and the Rules. iii. All contentions of the parties are kept open. - 10 - HC-KAR NC: 2026:KHC:7045 CMP No. 645 of 2025 iv. The Registry is directed to communicate this order to the learned arbitrator and the director of the Arbitration and Conciliation Centre, Bengaluru. v. The Registry is directed to return the original/certified copy of the documents produced by the petitioners after retaining the photocopy of the same. vi. Pending IA(s), if any, disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV