- 1 - HC-KAR NC: 2026:KHC:15190 CMP No. 818 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 818 OF 2022 BETWEEN: 1. SRI. M. SRINIVASA SINCE DECEASED REP. BY LRS. 2. SRI. MANOJ S/O LATE M. SRINIVAS AGED ABOUT 27 YEARS, RESIDING AT FLAT NO.0001 COCONUT GROOVE KODIHALLI BENGALURU - 560 008. 3. MS. CHINMAYIE SHREE S. D/O LATE M. SRINIVASA R/AT FLAT NO.203B, BLOCK R, SUN PALMS APARTMENTS SY.NO. 42 R. NARAYANAPURA RAMAGONDANAHALLI BENGALURU NORTH BENGALURU - 560 066. …PETITIONERS (BY SRI. MOHANA C., ADVOCATE) AND: 1. M/S RSUN CONSTRUCTIONS A PARTNERSHIP FIRM HAVING Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15190 CMP No. 818 of 2022 ITS OFFICE AT SAI DHAMAM NO.563/Z, 'C' BLOCK AECS LAYOUT BROOKFIELD KUNDAIAHALLI BENGALURU - 560 037. REPRESENTED BY ITS MANAGING PARTNERS SRI. G.C. JAGANMOHAN AND OTHERS (RESPONDENTS 2 TO 5) 2. SRI. G.C. JAGANMOHAN S/O G CHENNAKESHAVALU NAIDU NO.563/Z, 'C' BLOCK AECS LAYOUT BROOKFIELD KUNDAIAHALLI BENGALURU - 560 037. 3. SRI. SUDHIR SALLAGUNDLA S/O LATE S L NAGABHUSHANAM NAIDU NO.563/Z, 'C' BLOCK AECS LAYOUT BROOKFIELD KUNDAIAHALLI BENGALURU - 560 037. 4. SRI. CHITTARANJAN D. D/O D.V. CHALAPATHI RAO NO.563/Z, 'C' BLOCK AECS LAYOUT BROOKFIELD KUNDAIAHALLI BENGALURU - 560 037. 5. SMT. T. JAYAPRDHA W/O P.N. LENIN PARBHU NO.563/Z, 'C' BLOCK AECS LAYOUT BROOKFIELD - 3 - HC-KAR NC: 2026:KHC:15190 CMP No. 818 of 2022 KUNDAIAHALLI BENGALURU - 560 037. RESPONDENTS HAVING THEIR ADDRESS ALSO AT NO.502 SHANTHINIKETHAN APARTMENTS PANTHUR ROAD BENGALURU - 560002 AND ALSO AT NO.331 'B' BLOCK AECS LAYOUT BROOKFIELD KUNDAIAHALLI BENGALURU - 560037. …RESPONDENTS (V/O DATED 13.03.2026 NOTICE TO R1 TO R5 IS HELD SUFFICIENT) THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT SHRI BASAVARAJ S. SAPPANNAVAR, A RETIRED DISTRICT AND SESSIONS JUDGE AS THE SOLE ARBITRATOR TO ADJUDICATE UPON THE AFOREMENTIONED DISPUTES BETWEEN THE PETITIONERS AND THE RESPONDENTS IN AN ARBITRATION PROCEEDINGS IN ACCORDANCE WITH CLAUSE 17 OF THE JOINT DEVELOPMENT AGREEMENT DATED 23.03.2011 VIDE ANNEXURE 'A' AND REFER THE DISPUTES TO THE SAID SOLE ARBITRATOR AND ALSO PASS SUCH OTHER DIRECTIONS OR ORDERS AS THIS HON'BLE COURT MAY DEEM FIT TO PASS IN THE FACTS AND CIRCUMSTANCES OF THE CASE. - 4 - HC-KAR NC: 2026:KHC:15190 CMP No. 818 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard learned counsel appearing for the petitioner. Respondent served, remained absent. 2. In this petition, the petitioners have sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Joint Development Agreement dated 23.03.2011 (Annexure-A) in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 3. Having taken note of the submissions made by the learned counsel appearing for the petitioners and upon perusal of Clause 17 of the Joint Development Agreement, provides for arbitration - 5 - HC-KAR NC: 2026:KHC:15190 CMP No. 818 of 2022 therefore, I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties. 4. Accordingly, this petition under Section 11 (6) of the Act, 1996 is allowed. Sri. Bailur Shankar Rama, Retired District Judge is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. 5. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal. 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & - 6 - HC-KAR NC: 2026:KHC:15190 CMP No. 818 of 2022 International), Khanija Bhavan, Bengaluru, for proceeding further in the matter. 7. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 1