SANJAY AND ROOPASHRI-HUF v. M/S VAISHNAVI DEVELOPERS

SANJAY AND ROOPASHRI-HUF NO.73/1, 2ND CROSS, LAVELLE ROAD, BANGALORE 560 001 REPRESENTED BY ITS KARTHA MR. SANJAY MUNIRATHNAM (BY SMT. ARCHANA K.M., ADVOCATE) …PETITIONER AND: M/S VAISHNAVI DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO. 39, 'NAGASHREE KRISHNA NILAYA', 39TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE - 560 082 REPRESENTED BY ITS MANAGING PARTNER MRS. LALITHA B ALSO AT: M/S VAISHNAVI DEVELOPERS VAISHNAVI PALACE, KANAKAPURA MAIN ROAD, NEAR ART-OF-LIVING, LAKSHMIPURA, BANGALURU - 560 062 …RESPONDENT (BY SRI. DEEKSHITH Y R, AND HARSHA, ADVOCATES) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXCERCISE THE POWER UNDER SEC.11(6) OF THE HC-KAR - 4 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE 15 IN THE AGREEMENT FOR SALE DATED 22.02.2019 AT ANNEXURE - A AND FOR SUCH OTHER ORDERS DIRECTIONS ETC., THAT THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN CMP No.

612/2025 BETWEEN: SANJAY AND ROOPASHRI-HUF NO.73/1, 2ND CROSS, LAVELLE ROAD, BANGALORE 560 001 REPRESENTED BY ITS KARTHA MR. SANJAY MUNIRATHNAM (BY SMT. ARCHANA K.M., ADVOCATE) …PETITIONER AND: M/S VAISHNAVI DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO. 39, 'NAGASHREE KRISHNA NILAYA', 39TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE - 560 082 REPRESENTED BY ITS MANAGING PARTNER MRS. LALITHA B ALSO AT: M/S VAISHNAVI DEVELOPERS VAISHNAVI PALACE, KANAKAPURA MAIN ROAD, - 5 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR NEAR ART-OF-LIVING, LAKSHMIPURA, BANGALURU - 560 062 …RESPONDENT (BY SRI. HARSHA AND DEEKSHITH Y R, ADVOCATES) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXCERCISE THE POWER UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE 15 IN THE AGREEMENT FOR SALE DATED 22.02.2019 AT ANNEXURE - A AND FOR SUCH OTHER ORDERS DIRECTIONS ETC., THAT THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN CMP No.

613/2025 BETWEEN: SANJAY AND ROOPASHRI-HUF NO.73/1, 2ND CROSS, LAVELLE ROAD, BANGALORE 560 001 REPRESENTED BY ITS KARTHA MR. SANJAY MUNIRATHNAM (BY SMT. ARCHANA K.M., ADVOCATE) AND: M/S VAISHNAVI DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO. 39, …PETITIONER HC-KAR - 6 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS 'NAGASHREE KRISHNA NILAYA', 39TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE - 560 082 REPRESENTED BY ITS MANAGING PARTNER MRS. LALITHA B ALSO AT: M/S VAISHNAVI DEVELOPERS VAISHNAVI PALACE, KANAKAPURA MAIN ROAD, NEAR ART-OF-LIVING, LAKSHMIPURA, BANGALURU - 560 062 …RESPONDENT (BY SRI. HARSHA AND DEEKSHITH Y R, ADVOCATES) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXCERCISE THE POWER UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE 15 IN THE AGREEMENT FOR SALE DATED 22.02.2019 AT ANNEXURE - A AND FOR SUCH OTHER ORDERS DIRECTIONS ETC., THAT THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN CMP No.

614/2025 BETWEEN: SANJAY AND ROOPASHRI-HUF NO.73/1, 2ND CROSS, LAVELLE ROAD, HC-KAR - 7 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS …PETITIONER BANGALORE 560 001 REPRESENTED BY ITS KARTHA MR. SANJAY MUNIRATHNAM (BY SMT. ARCHANA K.M., ADVOCATE) AND: M/S VAISHNAVI DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO. 39, 'NAGASHREE KRISHNA NILAYA', 39TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE - 560 082 REPRESENTED BY ITS MANAGING PARTNER MRS. LALITHA B ALSO AT: M/S VAISHNAVI DEVELOPERS VAISHNAVI PALACE, KANAKAPURA MAIN ROAD, NEAR ART-OF-LIVING, LAKSHMIPURA, BANGALURU - 560 062 …RESPONDENT (BY SRI. HARSHA AND DEEKSHITH Y R, ADVOCATES) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXCERCISE THE POWER UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE 15 IN THE AGREEMENT FOR SALE DATED 22.02.2019 AT ANNEXURE - A AND FOR SUCH OTHER HC-KAR - 8 - NC: 2026:KHC:5074 CMP No.

609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS ORDERS DIRECTIONS ETC., THAT THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. …PETITIONER IN CMP No. 615/2025 BETWEEN: SANJAY AND ROOPASHRI-HUF NO.73/1, 2ND CROSS, LAVELLE ROAD, BANGALORE 560 001 REPRESENTED BY ITS KARTHA MR. SANJAY MUNIRATHNAM (BY SMT. ARCHANA K.M., ADVOCATE) AND: M/S VAISHNAVI DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO. 39, 'NAGASHREE KRISHNA NILAYA', 39TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE - 560 082 REPRESENTED BY ITS MANAGING PARTNER MRS. LALITHA B ALSO AT: M/S VAISHNAVI DEVELOPERS VAISHNAVI PALACE, KANAKAPURA MAIN ROAD, NEAR ART-OF-LIVING, LAKSHMIPURA, BANGALURU - 560 062 (BY SRI. HARSHA AND DEEKSHITH Y R, ADVOCATES) …RESPONDENT HC-KAR - 9 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No.

612 of 2025 AND 8 OTHERS THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXCERCISE THE POWER UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE 15 IN THE AGREEMENT FOR SALE DATED 22.02.2019 AT ANNEXURE - A AND FOR SUCH OTHER ORDERS DIRECTIONS ETC., THAT THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN CMP No. 616/2025 BETWEEN: SANJAY AND ROOPASHRI-HUF NO.73/1, 2ND CROSS, LAVELLE ROAD, BANGALORE 560 001 REPRESENTED BY ITS KARTHA MR. SANJAY MUNIRATHNAM (BY SMT. ARCHANA K.M., ADVOCATE) AND: M/S VAISHNAVI DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO. 39, 'NAGASHREE KRISHNA NILAYA', 39TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE - 560 082 REPRESENTED BY ITS MANAGING PARTNER MRS. LALITHA B …PETITIONER - 10 - NC: 2026:KHC:5074 CMP No.

609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR ALSO AT: M/S VAISHNAVI DEVELOPERS VAISHNAVI PALACE, KANAKAPURA MAIN ROAD, NEAR ART-OF-LIVING, LAKSHMIPURA, BANGALURU - 560 062 …RESPONDENT (BY SRI. HARSHA AND DEEKSHITH Y R, ADVOCATES) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXCERCISE THE POWER UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE 15 IN THE AGREEMENT FOR SALE DATED 22.02.2019 AT ANNEXURE - A AND FOR SUCH OTHER ORDERS DIRECTIONS ETC., THAT THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN CMP No. 617/2025 BETWEEN: SANJAY AND ROOPASHRI-HUF NO.73/1, 2ND CROSS, LAVELLE ROAD, BANGALORE 560 001 REPRESENTED BY ITS KARTHA MR. SANJAY MUNIRATHNAM (BY SMT. ARCHANA K.M., ADVOCATE) …PETITIONER - 11 - NC: 2026:KHC:5074 CMP No.

609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR AND: M/S VAISHNAVI DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO. 39, 'NAGASHREE KRISHNA NILAYA', 39TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE - 560 082 REPRESENTED BY ITS MANAGING PARTNER MRS. LALITHA B ALSO AT: M/S VAISHNAVI DEVELOPERS VAISHNAVI PALACE, KANAKAPURA MAIN ROAD, NEAR ART-OF-LIVING, LAKSHMIPURA, BANGALURU - 560 062 …RESPONDENT (BY SRI. HARSHA AND DEEKSHITH Y R, ADVOCATES) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXCERCISE THE POWER UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE 15 IN THE AGREEMENT FOR SALE DATED 22.02.2019 AT ANNEXURE - A AND FOR SUCH OTHER ORDERS DIRECTIONS ETC., THAT THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN CMP No.

618/2025 - 12 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR BETWEEN: SANJAY AND ROOPASHRI-HUF NO.73/1, 2ND CROSS, LAVELLE ROAD, BANGALORE 560 001 REPRESENTED BY ITS KARTHA MR. SANJAY MUNIRATHNAM (BY SMT. ARCHANA K.M., ADVOCATE) …PETITIONER AND: M/S VAISHNAVI DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO. 39, 'NAGASHREE KRISHNA NILAYA', 39TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE - 560 082 REPRESENTED BY ITS MANAGING PARTNER MRS. LALITHA B ALSO AT: M/S VAISHNAVI DEVELOPERS VAISHNAVI PALACE, KANAKAPURA MAIN ROAD, NEAR ART-OF-LIVING, LAKSHMIPURA, BANGALURU - 560 062 …RESPONDENT (BY SRI. HARSHA AND DEEKSHITH Y R, ADVOCATES) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXCERCISE THE POWER UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A - 13 - NC: 2026:KHC:5074 CMP No.

609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE 15 IN THE AGREEMENT FOR SALE DATED 22.02.2019 AT ANNEXURE - A AND FOR SUCH OTHER ORDERS DIRECTIONS ETC., THAT THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN CMP No. 620/2025 BETWEEN: SANJAY AND ROOPASHRI-HUF NO.73/1, 2ND CROSS, LAVELLE ROAD, BANGALORE 560 001 REPRESENTED BY ITS KARTHA MR. SANJAY MUNIRATHNAM (BY SMT. ARCHANA K.M., ADVOCATE) …PETITIONER AND: M/S VAISHNAVI DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO. 39, 'NAGASHREE KRISHNA NILAYA', 39TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE - 560 082 REPRESENTED BY ITS MANAGING PARTNER MRS. LALITHA B ALSO AT: M/S VAISHNAVI DEVELOPERS VAISHNAVI PALACE, KANAKAPURA MAIN ROAD, NEAR ART-OF-LIVING, LAKSHMIPURA, - 14 - NC: 2026:KHC:5074 CMP No.

609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR BANGALURU - 560 062 …RESPONDENT (BY SRI. HARSHA AND DEEKSHITH Y R, ADVOCATES) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXCERCISE THE POWER UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE 15 IN THE AGREEMENT FOR SALE DATED 22.02.2019 AT ANNEXURE - A AND FOR SUCH OTHER ORDERS DIRECTIONS ETC., THAT THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN CMP No. 621/2025 BETWEEN: SANJAY AND ROOPASHRI-HUF NO.73/1, 2ND CROSS, LAVELLE ROAD, BANGALORE 560 001 REPRESENTED BY ITS KARTHA MR. SANJAY MUNIRATHNAM (BY SMT. ARCHANA K.M., ADVOCATE) …PETITIONER AND: M/S VAISHNAVI DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO. 39, 'NAGASHREE KRISHNA NILAYA', 39TH CROSS, 7TH BLOCK, - 15 - NC: 2026:KHC:5074 CMP No.

609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR JAYANAGAR, BANGALORE - 560 082 REPRESENTED BY ITS MANAGING PARTNER MRS. LALITHA B ALSO AT: M/S VAISHNAVI DEVELOPERS VAISHNAVI PALACE, KANAKAPURA MAIN ROAD, NEAR ART-OF-LIVING, LAKSHMIPURA, BANGALURU - 560 062 …RESPONDENT (BY SRI. HARSHA AND DEEKSHITH Y R, ADVOCATES) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXCERCISE THE POWER UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE 15 IN THE AGREEMENT FOR SALE DATED 22.02.2019 AT ANNEXURE - A AND FOR SUCH OTHER ORDERS DIRECTIONS ETC., THAT THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI HC-KAR - 16 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS ORAL ORDER

These Civil Miscellaneous Petitions are filed under

Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to resolve the dispute(s) between the parties to the petition in terms of Arbitration Clause 15 of the Agreement for Sale dated 22.02.2019. Brief facts, leading rise to the filing of these Civil Miscellaneous petitions are as follows: The petitioners have entered into the agreements of sale with the respondent regarding the schedule properties for a consideration amount. Out of the said consideration amount, the petitioners have paid advance sale consideration amount and it was agreed that the balance sale consideration amount was to be paid by the petitioners at the time of execution of the registered sale deed. - 17 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR

The respondent committed a breach of contract and failed to receive the balance sale consideration amount and execute a registered sale deed regarding the suit schedule properties favour of the petitioners.

The petitioners issued legal notice calling upon the respondent to receive the balance sale consideration amount and execute a registered sale deed regarding the schedule properties in favour of the petitioners. The respondent has not replied to the legal notices. Since the respondent failed to execute the registered sale deed, a dispute arose between the petitioners and the respondent.

Clause 15 of the Agreement for Sale dated

22.02.2019 provides for arbitration as a mechanism for the dispute resolution. The petitioners issued an arbitration notice under Section 21 of the Arbitration and Conciliation Act, 1996 proposing the name of the - 18 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR arbitrator. The respondent failed to accede to the invitation for the arbitration and concur with the petitioner for the appointment of an arbitrator. Hence, these petitions.

Heard the arguments of the learned counsel for the petitioners, and learned counsel for the respondent.

Learned counsel for the petitioners submits that the dispute arose between the parties to the petition regarding receipt of balance sale consideration amount and execution of the sale deed. The respondent did not perform his part of the contract. There is an arbitral clause and the dispute has to be resolved through the arbitration. Accordingly, prays to allow the petition.

Learned counsel for the respondent submits that respondent has no objection to allow these petitions.

Perused the records, and considered the submissions of the learned counsel for the parties. - 19 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR

It is an undisputed fact that the respondent has entered into an agreement for sale with the petitioners dated 22.02.2019 regarding the schedule properties for a valuable consideration, and the petitioners have paid the advance sale consideration amount, and it was agreed that the balance sale consideration amount would be paid at the time of execution of a registered sale deed.

However, the respondent did not come forward to receive the balance sale consideration amount and execute a registered sale deed. The petitioners issued a legal notice calling upon the respondent to receive the balance sale consideration amount and execute a registered sale deed regarding the schedule properties. The petitioners by issuing a legal notice has shown that the petitioners were ready and willing to perform their part of contract, however, the respondent did not perform their part of the contract. - 20 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR

There is an arbitration clause provided in the agreement for sale i.e., Clause 15, which reads as follows:

(15) Any dispute, differences arising out of this agreement either with regard to the interpretation or implementation of this agreement, the same shall be referred to arbitration, to be resolved in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 or any modifications or amendments thereof, and the Courts of Bangalore shall alone have a jurisdiction to adjudicate such disputes, to the exclusion of all other courts.

From the perusal of Clause 15 of the Agreement for Sale, it provides that any dispute arising out of the agreement, the dispute shall be referred arbitration and to be resolved in accordance with the provisions of the Act of 1996.

Admittedly, there is an arbitration clause in the Agreement of sale and the dispute arose between the - 21 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR parties to the petition. The petitioners invoked the arbitration clause by issuing a notice to the respondent dated 25.08.2025 vide Annexure ‘E’.

The said notice was served on the respondent. Despite service of notice, the respondent did not reply to the arbitration notice issued under Section 21 of the Arbitration and Conciliation Act, 1996. Thus, there is an arbitral dispute between the parties to the petition and the same has to be resolved through an arbitration.

In view of the above discussion, I proceed to pass the following order: ORDER (I) This Civil Miscellaneous Petitions are allowed. (II) Sri.S.R.Somashekhar, learned retired District Judge, is nominated as an Arbitrator to resolve the dispute(s) between the petitioners and - 22 - NC: 2026:KHC:5074 CMP No. 609 of 2025 C/W CMP No. 611 of 2025 CMP No. 612 of 2025 AND 8 OTHERS HC-KAR respondent in terms of Clause 15 of the Agreement for Sale, as per the provisions Arbitration Conciliation Act, 1996 and the Rules. (III) The Registry is directed to forward a copy of this order to the learned Arbitrator, and the Director of the Arbitration and Conciliation Centre, Bangalore. (IV) All the contentions of the parties are kept open. (V) The Registry is directed to return the original and/or certified copies, produced, to the respective parties who have produced it/them by following due procedure. (VI) Pending application/s, if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 52