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2025 Supreme(Online)(Kar) 24920

KARNATAKA HIGH COURT
E.S. INDIRESH, J
SMT. N.P. PRAMILA W/O LATE N.A. PRABHAKARA GUPTA – Appellant
Versus
M/S MJR BUILDERS PRIVATE LIMITED – Respondent
CIVIL MISCELLANEOUS PETITION NO.28 OF 2025



Advocates:
For the Appellants/Petitioners: SRI. MAHESH B.J.
For the Respondents: SRI. BHARATH K., SRI. H.N. VIDHYADHAR

Appointment of an arbitrator established due to unresolved disputes under the Arbitration and Conciliation Act as per agreed clauses of contracts.

Headnote:Statute Analysis: This petition is filed under Section 11 (5) and (6) of the Arbitration and Conciliation Act, 1996, for the appointment of an Arbitrator based on the Joint Development Agreement dated 05th May, 2011 (Annexure-A) and the Settlement Agreement dated 02nd March, 2020 (Annexure-B). Facts of the Case: Petitioners seek resolution of disputes arising from agreements concerning a joint development project. The counsel for the petitioners and respondents presented their arguments.

Findings of Court:
The court found the disputes require arbitration and appointed a retired District Judge as the Arbitrator to resolve these issues.

Issues: The main questions framed involve whether the disputes require arbitration and the appropriate resolution mechanism.

Ratio Decidendi: The court's reasoning concluded that the required portion of compliance has not reached finality, thus necessitating arbitration to resolve the disputes.

Result: Accordingly, Civil Miscellaneous Petition is disposed of.

Table of Content
1. petition for arbitration initiated under specific clauses of agreements. (Para 1)
2. arguments presented by legal counsel for both parties. (Para 2)
3. court's observation on the necessity for arbitration. (Para 3)
4. final ruling on the petition leading to arbitration. (Para 4 , 5 , 6 , 7)

ORAL ORDER

This petition is filed under Section 11 (5) and (6) of the Arbitration and Conciliation Act , 1996 seeking appointment of an Arbitrator based on clause 29 of the Joint Development Agreement dated 05th May, 2011 (Annexure-A) as well as clause 7 of the subsequent Settlement Agreement dated 02nd March, 2020 (Annexure-B).

2. Heard Sri. Mahesh B.J., learned counsel appearing for petitioners; Sri. Bharath K., learned counsel appearing for the respondent No.1; and Sri. H.N. Vidhyadhar, learned counsel appearing for the respondent No.2.

3. Having heard the learned counsel appearing for the parties and on perusal of the subsequent settlement Agreement dated 02nd March, 2020 (Annexure-B), I am of the view that the portion of the compliance of the agreements referred to above have not reached finality. In that view of the matter, the dispute between the parties requires to be resolved by an Arbitrator. Therefore, Sri. D.R. Venkatasudarshana, District Judge (retired) is appointed as Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

4. In order avoid further delay in the matter, parties are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru on 27th October, 2025 at 11.00 am.

5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.

6. 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.

7. 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.

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