REPRESENTED BY MR. MOHAMMED MERAJ (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) v. MR. MOHAMMED MUSTAFA TOUSIF

J.M. ASSOCIATES A PARTNERSHIP FIRM HAVING ITS OFFICE NO. 3/1, LANGFORD ROAD/LONGFORD GARDEN, WARD NO. 76, RICHMOND TOWN, BANGALORE - 560 025 REPRESENTED BY MR. MOHAMMED MERAJ (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) …PETITIONERS AND:

1. M/S. M.V. GROUP - 2 - NC: 2025:KHC:41990 CMP No. 530 of 2024 C/W CMP No. 554 of 2024 CMP No. 555 of 2024 HC-KAR A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO. 83/10/11/14 1ST MAIN ROAD, J.C.ROAD, K.P.N. NEW EXTENSION, BENGALURU - 560 002. REP. BY MANAGING PARTNER MR. MOHAMMED MUSTAFA TOUSIF …RESPONDENT (BY SRI. S. SHAKER SHETTY, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT., PRAYING TO 1. ALLOW THE INSTANT PETITION AND APPOINT AN ARBITRAL TRIBUNAL COMPRISING OF A SOLE ARBITRATOR TO ARBITRATE THE PETITIONERS AND THE RESPONDENT UNDER CLAUSE 10 OF THE AGREEMENT OF SALE DATED 06.10.2022 (ANNEXURE C) CLAUSE 9 OF THE AGREEMENT OF SALE DATED 06.10.2022 (ANNEXURE D) AND MEMORANDUM OF AGREEMENT DATED 06.10.2022 (ANNEXURE E) THE DISPUTES ARISING BETWEEN IN CMP NO. 554/2024 BETWEEN: MR. MOHAMMED MUSTAFA TOUSIF SON OF MR. CHAND BASHA, AGED ABOUT 39 YEARS, NO. 83/10/11/14, 1ST MAIN ROAD, J.C. ROAD, KPN NEW EXTENSION, BENGALURU - 560 002. (BY SRI. SYED SUHAIL ALI, ADVOCATE) AND:

1. MR HASHIM YUSUF SAIT S/O LATE MOHAMMED YUSUF SAIT, ...PETITIONER - 3 - NC: 2025:KHC:41990 CMP No. 530 of 2024 C/W CMP No. 554 of 2024 CMP No. 555 of 2024 HC-KAR AGED ABOUT 74 YEARS, RESIDING AT NO.23, ANNASWAMY MUDALIAR ROAD, ULSOOR, BANGALORE - 560 042.

2. M/S. J.M. ASSOCIATES A PARTNERSHIP FIRM HAVING ITS OFFICE NO. 3/1, LANGFORD ROAD/LONGFORD GARDEN, WARD NO. 76, RICHMOND TOWN, BANGALORE - 560 025 REPRESENTED BY MR. MOHAMMED MERAJ ...RESPONDENTS (BY SRI. MANU PRABHAKAR KULKARNI., ADVOCATE FOR R1 AND R2) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO (a) APPOINT A SOLE ARBITRATOR AMONGST PANEL ARBITRATORS AT ARBITRATION AND CONCILIATION CENTER, KHANIJA BHAWAN, BENGALURU TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS ARISING FROM THE AGREEMENT DATED 6.10.2022 AT ANNEXURE-B AT CLAUSE NO.9. IN CMP NO. 555/2024 BETWEEN: MR. MOHAMMED MUSTAFA TOUSIF SON OF MR. CHAND BASHA, AGED ABOUT 39 YEARS, NO. 83/10/11/14, 1ST MAIN ROAD, J.C. ROAD, KPN NEW EXTENSION, BENGALURU - 560 002. (BY SRI. SYED SUHAIL ALI, ADVOCATE) ...PETITIONER - 4 - NC: 2025:KHC:41990 CMP No. 530 of 2024 C/W CMP No. 554 of 2024 CMP No. 555 of 2024 HC-KAR AND:

1. MR HASHIM YUSUF SAIT S/O LATE MOHAMMED YUSUF SAIT, AGED ABOUT 74 YEARS, RESIDING AT NO.23, ANNASWAMY MUDALIAR ROAD, ULSOOR, BANGALORE - 560 042.

2. M/S. J.M. ASSOCIATES A PARTNERSHIP FIRM HAVING ITS OFFICE NO. 3/1, LANGFORD ROAD/LONGFORD GARDEN, WARD NO. 76, RICHMOND TOWN, BANGALORE - 560 025 REPRESENTED BY ITS PARTNER MR. MOHAMMED MERAJ ...RESPONDENTS (BY SRI. MANU PRABHAKAR KULKARNI., ADVOCATE FOR R1 AND R2) THIS CMP IS FILED UNDER 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO a) APPOINT A SOLE ARBITRATOR AMONGST PANEL ARBITRATORS AT ARBITRATION AND CONCILIATION CENTRE, KHANIJA BHAWAN, BENGALURU TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS ARISING FROM THE AGREEMENT DATED 06.10.2022 AT ANNEXURE B., IT IS CLAUSE NO.10 OF ANNEXURE-B. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 5 - NC: 2025:KHC:41990 CMP No. 530 of 2024 C/W CMP No. 554 of 2024 CMP No. 555 of 2024 HC-KAR ORAL ORDER

1. The petitioners are before this Court seeking for the following reliefs: In CMP.No.530/2024 (a) Allow the instant petition and appoint an arbitral tribunal comprising of a sole arbitrator to arbitrate the disputes arising between the Petitioners and the Respondent under clause 10 of the Agreement of Sale dated 06.10.2022 (Annexure "C"), clause 9 of the Agreement of Sale dated 06.10.2022 (Annexure "D") and Memorandum of Agreement dated 06.10.2022 (Annexure "E"); and (b) Pass any such further order(s) as this Hon'ble Court may deem fit in the interest of justice and equity. In CMP.No.554/2024 (a) (b) Appoint a Sole Arbitrator amongst Panel Arbitrators at Arbitration and Conciliation Centre, Khanija Bhawan, Bengaluru to resolve the dispute between the Petitioner and the Respondents arising from the Agreement dated 06.10.2022 at Annexure-B; at Clause No 9 and Pass such other order as this Hon'ble Court deems fit to grant in the circumstances of the case, including the cost of the petition, in the interest of justice and equity accordingly to law. In CMP.No.555/2024 (a) Appoint a Sole Arbitrator amongst Panel Arbitrators at Arbitration and Conciliation Centre, Khanija Bhawan, Bengaluru to resolve the dispute between the Petitioner and the - 6 - NC: 2025:KHC:41990 CMP No. 530 of 2024 C/W CMP No. 554 of 2024 CMP No. 555 of 2024 HC-KAR Respondents arising from the Agreement dated 06.10.2022 at Annexure-B; it is Clause No 10 of Annexure-B (b) Pass such other order as this Hon'ble Court deems fit to grant in the circumstances of the case, including the cost of the petition, in the interest of justice and equity accordingly to law.

2. The petitioners in CMP.No.530/2024 being the vendor and the developer/confirming party, and the respondent in the said matter being the purchaser. In CMP.Nos.554/2024 and 555/2024, the purchaser the petitioner and each of the aforesaid agreements of sale with the vendor and the developer being the respondents.

3. The submission of Sri. Manu Prabhkar Kulkarni, learned counsel for the petitioners is that the petitioners in CMP No.530/2024 have entered into an agreement with M/s.M.V.Group represented by Sri.Mohammed Mustafa Tousif as the managing partner. - 7 - NC: 2025:KHC:41990 CMP No. 530 of 2024 C/W CMP No. 554 of 2024 CMP No. 555 of 2024 HC-KAR

4. The submission of Sri. Syed Suhail Ali, learned counsel for Sri.Mohammed Mustafa Tousif, is that he has entered into the agreements in is individual capacity and not for and on behalf of M/s.M.V.Group.

5. Be that as it may, these are issues which would be required to be adjudicated by the arbitrator so appointed.

6. Both the counsel submit that the agreements of sale being governed by an arbitration clause and the memorandum of agreement, though not governed by an arbitration clause, being a related agreement, referring to the agreement of sale, the disputes under all the three agreements could be referred to as a sole arbitrator.

7. In that view of the matter, I pass the following: ORDER

1. CMP Nos.530/2024, 554/2024 and 555/2024 are allowed. - 8 - NC: 2025:KHC:41990 CMP No. 530 of 2024 C/W CMP No. 554 of 2024 CMP No. 555 of 2024 HC-KAR

2. Justice P. Vishwanath Shetty, a former judge of this Court, is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis the arbitration under the Arbitration Centre attached to this Court.

3. Registry is directed to forward a copy of this the Director, Arbitration and Conciliation Centre for doing the needful.

4. Since the order is passed in the presence of all the counsels, the parties and the counsel shall appear before the Director, Arbitration and Conciliation Centre, without requirement of any further notice on 06.11.2025 at 2.30 p.m.

5. All contentions are left open to be decided by the Learned Arbitrator. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 42