- 1 - HC-KAR NC: 2026:KHC:13700 CMP No. 38 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.38 OF 2026 BETWEEN: 1. M/S NIRMAY BUILDERS AND DEVELOPERS LLP HAVING ITS OFFIC AT 3-4-558/B AND 3-4-595/2 TO 3-4-596, NEAR YMCA NARAYANAGODA HYDERABAD TELANGANA - 500 029 REPRSENTED BY ITS AUTHORIZED SIGNATORY SRI. ASHISH AGARWAL S/O LATE VINAY AGARWAL. …PETITIONER (BY SMT. ANUPARNA BORDOLOI, ADVOCATE) AND: 1. M/S K.R .BUILD TECHS A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT #99 , K R OPAL SHELTERS NEAR EAST POINT COLLEGE HIRANDAHALLI VIRGONAGAR POST BENGALURU EAST TALUK BENGALURU - 560 049 Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13700 CMP No. 38 of 2026 REPRESENTED BY ITS AUTHORISED SIGNATORY SRI. KEMPARAJ K PROPRIETOR. …RESPONDENT (BY SRI. SHIVASHANKAR K., ADVOCATE) THIS CMP IS FILED UNDER 11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT JUSTICE SRI. MICHAEL CUNHA AND TWO OTHER ARBITRATORS FOR ADJUDICATION OF DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES AS PER CLAUSE 32.1 OF THE JOINT DEVELOPMENT AGREEMENT DATED 19.09.2018 (ANNEXURE-A) 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 E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint Arbitrators and - 3 - HC-KAR NC: 2026:KHC:13700 CMP No. 38 of 2026 to refer the disputes between the parties to arbitration, in terms of Clause 32.1 of the Joint Development Agreement dated 19.09.2018 (Annexure-A). 3. Having taken note of the submissions made by the learned counsel appearing for the parties, particularly with respect to Clause 32 of the Joint Development Agreement dated 19.09.2018 (Annexure-A) and also looking into the notice issued by the petitioner herein calling upon the respondent to nominate Arbitrator, dated 17.09.2025 (Annexure-Q), I am of the opinion that, appointment of an Arbitrator is necessitated. Accordingly, Hon'ble Justice Shri. Umesh M. Adiga, former Judge of this Court, is hereby appointed as the sole Arbitrator to resolve the dispute between the parties. 4. Since parties are represented through their learned counsel, the parties are directed to appear before the Arbitration and Conciliation Centre, Race Course Road, Bengaluru, on 09.04.2026 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to dispose of the matter. - 4 - HC-KAR NC: 2026:KHC:13700 CMP No. 38 of 2026 5. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Hon'ble Justice Shri. Umesh M. Adiga, former Judge of this Court, forthwith. 6. Accordingly, this Civil Miscellaneous Petition stands disposed of. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 33