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2026 DAILYLAW 8720 (KAR)

SRI MAHADEVAIAH v. M/S REAL WORTH INFRA TECH

CMP/411/2024 · 2026-03-24

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16516 CMP NO.411 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO.411 OF 2024 BETWEEN: 1. SRI. MAHADEVAIAH S/O LATE MARISHAMAIAH AGED ABOUT 68 YEARS. 2. SMT. RATHNAMMA W/O SRI. MAHADEVAIAH AGEDA BOUT 58 YEARS. 3. SMT. MALA D/O SRI. MAHADEVAIAH AGEDA BOUT 36 YEARS. 4. NAGENDRA S/O LATE MAHADEVAIAH AGED ABOUT 36 YEARS. 5. SMT. BHAGYA D/O SRI. MAHADEVAIAH AGED ABOUT 32 YEARS. ALL ARE RESIDINT AT: HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 562 106. …PETITIONERS (BY SRI. PRASHANTH ARADHYA, ADVOCATE) AND: 1. M/S REAL WORTH INFRA TECH., A PARTNERSHIP FIRM, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16516 CMP NO.411 OF 2024 HAVING ITS OFFICE AT: NO.18, P.S.R. GARDEN, 4TH MAIN, H.G.H. LAYOUT, GANGANAGAR, BENGALURU - 560 032. REP. BY ITS MANAGING PARTNER SRI. SREEDHAR REDDY. …RESPONDENT (BY SRI. H. MAREGOWDA, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF THE ARBITRATION CLAUSE NO.32 OF THE JOINT DEVELOPMENT AGREEMENT DATED 25TH MARCH, 2011 VIDE ANNEXURE-A TO RESOLVE THE DISPUTE BETWEEN PETITIONERS AND THE RESPONDENT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this petition, petitioners are seeking appointment of Sole Arbitrator in terms of Clause 32 of the Joint Development Agreement dated 25th March, 2011 (Annexure-A) to resolve the dispute between the parties. - 3 - HC-KAR NC: 2026:KHC:16516 CMP NO.411 OF 2024 2. Heard Sri. Prashanth Aradhya, learned counsel appearing for petitioners and Sri. H. Maregowda, learned counsel appearing for the respondent. 3. Sri. Prashanth Aradya, learned counsel appearing for petitioners referred to the Clause 32 of the Joint Development Agreement dated 25th March, 2011 (Annexure-A) and submitted that the petitioners have addressed a Legal Notice dated 19th July, 2024 (Annexure- B). Accordingly, he sought for appointment of Sole Arbitrator to resolve the dispute between the parties. 4. Per contra, Sri. H. Maregowda, learned counsel appearing for the respondent reiterates the averments made in the statement of objections and sought for dismissal of the petition. 5. Having heard the learned counsel appearing for the parties and taking into consideration the provision contained under Clause 32 of the Joint Development Agreement dated 25th March, 2011 (Annexure-A), I am of - 4 - HC-KAR NC: 2026:KHC:16516 CMP NO.411 OF 2024 the view that, a retired District Judge be appointed as Arbitrator to resolve the dispute between the parties. 6. Therefore, Dr. S.B.N. Prakash, District Judge (Retired) is appointed as an Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. 7. In order to avoid further delay in the matter, as the parties are represented by their respective counsels, parties are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Bengaluru on 21st April, 2026 at 11.00 a.m. 8. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 9. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru for proceeding further in the matter. - 5 - HC-KAR NC: 2026:KHC:16516 CMP NO.411 OF 2024 10. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. Accordingly, Civil Miscellaneous Petition is disposed of. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 1