1.

The petitioner in CMP No.504/2021 is before this

Court seeking for the following reliefs:

a) Appoint Mr.Justice (Retd) H.G.Ramesh as the Sole

Arbitrator to adjudicate upon the dispute between

the parties OR constitute any other Tribunal in

terms of Clause 23 of the Agreement to Sell dated

27.02.2017 and refer the disputes of the parties for

adjudication by the constituted Tribunal;

b) Pass any such other or further Order/s as this

Hon9ble Court deems fit to grant in the facts and

circumstances of this Petition including awarding

cost of this Petition.

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2.

The petitioner in CMP No.494/2021 is before this

Court seeking for the following reliefs:

a) Appoint Mr.Justice (Retd) H.G.Ramesh as the Sole

Arbitrator to adjudicate upon the dispute between

the parties OR constitute any other Tribunal in

terms of Clause 23 of the Agreement to Sell dated

29.12.2017 and refer the disputes of the parties for

adjudication by the constituted Tribunal;

b) Pass any such other or further Order/s as this

Hon9ble Court deems fit to grant in the facts and

circumstances of this Petition including awarding

cost of this Petition.

3.

The contention of the petitioner in CMP No.504/2021

is that the petitioner and respondent had entered

into an Agreement to Sell dated 27.02.2017 at

Annexure-A which contains an arbitration clause, in

terms of clause 23 thereof, which is reproduced

hereunder for easy reference:

<23) SPECIFIC PERFORMANCE AND ARBITRATION:

23.1) Either party shall have the right to enforce

specific performance of this Agreement at the cost of

defaulting party.

23.2) In the event of breach of the terms of this

Agreement to Sell or in the event of any difference or

disputes arising between the parties in regard to this

Agreement or any matter relating thereto, the same

shall be first referred to an Arbitrator and his award

shall be final and binding on the parties hereto and

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Arbitration shall be as per the Provisions of the

Arbitration & Conciliation Act in force. The Arbitration

shall be conducted in English Language and the place

of Arbitration shall be in Bangalore. The Courts at

Bangalore alone shall have jurisdiction in all matters

relating to this Agreement.=

4.

There being certain disputes between the petitioner

and

the

respondent,

petitioner

invoked

the

arbitration clause and issued a notice on 25.06.2020

nominating its arbitrator. The same came to be

replied by the respondent vide legal notice dated

17.08.2020 denying the claim of the petitioner

calling upon the petitioner to withdraw the notice. A

rejoinder came to be issued on 31.10.2020 again

reiterating

the

claims

for

appointment

of

an

arbitrator. Same not having been accepted in the

reply to the rejoinder dated 1.12.2020, the petitioner

is before this Court seeking for the aforesaid reliefs.

5.

The contention of the petitioner in CMP No.494/2021

is that the petitioner and respondent had entered

into an agreement of sale dated 29.12.2017 at

- 6 -

Annexure-A which contains an arbitration clause, in

terms of clause 23 thereof, which is reproduced

hereunder for easy reference:

<23) SPECIFIC PERFORMANCE AND ARBITRATION:

23.1) Either party shall have the right to enforce

specific performance of this Agreement at the cost of

defaulting party.

23.2) In the event of breach of the terms of this

Agreement to Sell or in the event of any difference or

disputes arising between the parties in regard to this

Agreement or any matter relating thereto, the same

shall be first referred to an Arbitrator and his award

shall be final and binding on the parties hereto and

Arbitration shall be as per the Provisions of the

Arbitration & Conciliation Act in force. The Arbitration

shall be conducted in English Language and the place

of Arbitration shall be in Bangalore. The Courts at

Bangalore alone shall have jurisdiction in all matters

relating to this Agreement.=

6.

There being certain disputes between the petitioner

and respondent, petitioner invoked the arbitration

clause and issu