- 1 - HC-KAR NC: 2026:KHC:24403 CMP No. 522 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 522 OF 2025 BETWEEN: DUO ASSOCIATES (BUILDERS) PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.28, ULSOOR ROAD,BENGALURU 560 042. REPRESENTED BY ITS DIRECTOR MR. SOMASHEKAR.K.S. …PETITIONER (BY SRI. SRIRANGA, SR. COUNSEL FOR SMT.SUMANA NAGANAND,ADVOCATE) AND: 1. PACIFICA HOTELS (BANGALORE PROJECTS) PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT AMRAPALASH BUNGALOWS BEHIND FUN REPUBLIC RAMDEVNAGAR AHMEDABAD - 380015. REPRESENTED BY ITS DIRECTORS 2. A.M. SHARAT CHANDRA S/O. A.C. MUNIVENKATEGOWDA AGED ABOUT 59 YEARS RESIDING AT NO.379/4, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24403 CMP No. 522 of 2025 23RD MAIN,16TH CROSS, V PHASE, JP NAGAR BENGALURU - 560 078. 3. T. PHANI MAHESH S/O. T.C. ASHWATHNARAYAN AGED ABOUT 50 YEARS RESIDING AT NO.201, NEST, 247 80 FEET ROAD, INDIRANAGAR, BENGALURU-560030. 4. T.C. ASHOK S/O. T. C. ASHWATHNARAYAN AGED ABOUT 51 YEARS RESIDING AT NO.14570, NE, 39TH STREET APARTMENT M 27 BELLEVUE, WA, USA. 5. DUO ASSOCIATES A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.28, ULSOOR ROAD BENGALURU - 560 042. REPRESENTED BY ITS PARTNER …RESPONDENTS (BY SRI. A SHASHIKIRAN SHETTY, SR.COUNSEL FOR SMT.LATHA S SHETTY,ADVOCATE FOR R1; SRI. HIRAN KRISHNA SWAMY, ADVOCATE FOR R2 TO R5;) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT ARBITRAL TRIBUNAL TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN PETITIONER AND RESPONDENT AS PER CLAUSE 23 OF DEVELOPMENT AGREEMENT DATED 11.01.2008 (ANNEXURE - A). - 3 - HC-KAR NC: 2026:KHC:24403 CMP No. 522 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri. S Sriranga, learned Senior Counsel appearing on behalf of Smt. Sumana Nagananda, learned counsel for petitioner, Sri. A Shashikiran Shetty, learned Senior Counsel appearing on behalf of Smt. Latha S Shetty, Advocate for respondent No.1 and Sri. Hiran Krishna Swamy, learned counsel appearing for respondent Nos.2 to 5. 2. Learned Senior Counsel Sri. S. Sriranga for the petitioner invited the attention of this Court to Clause 23 of the Development Agreement dated 11.01.2008 (Annexure-'A') and sought for appointment of Arbitrators. It is also argued by the learned Senior Counsel by referring to paragraph No.7 of the petition and submitted that, an Arbitral Tribunal is already functioning as to the dispute between the parties and therefore, the - 4 - HC-KAR NC: 2026:KHC:24403 CMP No. 522 of 2025 respondents to be directed to withdraw from the said arbitration and accordingly, sought for interference by this Court. 3. Per contra, Sri. Shashikiran Shetty, learned Senior Counsel appearing on behalf of respondent No.1, referred to Clause 23(b) and submitted that the panel of Arbitrators have to be appointed in terms of the Development Agreement produced at Annexure-'A' and he further contended as to the arguments advanced by Sri. Sriranga, learned Senior Counsel for petitioner that, this Court could not go beyond the scope of development agreement at Annexure-'A' and accordingly insisted for appointment of the Arbitrators in terms of the Clause 23.1(a) and 23.1(b). 4. It is also submitted by the learned Senior Counsel that Pacifica Hotel (Bangalore Project) Pvt. Limited and petitioner have authorized for appointment of their arbitrator. - 5 - HC-KAR NC: 2026:KHC:24403 CMP No. 522 of 2025 5. Sri. Hiran Krishna Swamy, learned counsel appearing for respondent Nos.2 to 5 also made submission as to the earlier proceedings. 6. In the light of the submissions made by the learned counsels appearing for the parties, Clause 23 of the Development Agreement dated 11.01.2008 (Annexure-'A') reads as under: "23. Dispute Resolution 23.1 The parties hereto agree that in the event of there being any disputes between the parties with regard to this Agreement or interpretation of any of the terms of this Agreement, except as set out in Clause 14.2 hereinabove (each a "Dispute"), the same shall be referred to arbitration in terms hereof and the 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 (3) arbitrators; Duo shall appoint one (1) arbitrator, Palmstream Limited, a shareholder of the Developer shall, on behalf of the Developer, appoint one (1) arbitrator and the third arbitrator shall be appointed by the two (2) arbitrators nominated as aforesaid; (c) The arbitral award shall be final and binding on the Parties, and the Parties - 6 - HC-KAR NC: 2026:KHC:24403 CMP No. 522 of 2025 agree to be bound thereby and to act accordingly; (d) The arbitral tribunal may award to a Party that substantially prevails do merits, its costs and reasonable expenses (including reasonable fee of its counsel); (e) The seat of such arbitral shall be at Bangalore; and (f) The arbitral proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or reenactment thereof for the time being in force." 7. A perusal of the aforementioned Clause particularly 23.1(b) would indicate that the petitioner herein has to nominate one arbitrator and accordingly respondent No.1 has to nominate one arbitrator for resolution of their disputes and respective arbitrators appointed by the petitioner and respondent No.1 shall appoint the third arbitrator for resolution of the disputes. In that view of the matter, learned Senior Counsel Sri. S Sriranga, on instructions, submitted that the petitioner is nominating Justice Sri. Anand Byra Reddy, Former Judge, High Court of Karnataka, as an arbitrator for resolution of the disputes. Accordingly, Sri. A Shashikiran Shetty, - 7 - HC-KAR NC: 2026:KHC:24403 CMP No. 522 of 2025 learned Senior Counsel appearing on behalf of respondent No.1 nominate Justice Sri. S J Mukhopadhaya, Former Judge of the Hon'ble Supreme Court of India, as an arbitrator for resolution of the dispute. In that view of the matter, learned arbitrators referred to above are requested to appoint the third arbitrator for resolution of the dispute. Accordingly, the petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE SSD List No.: 1 Sl No.: 16