IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 17914 OF 2023 (GM-RES)

BETWEEN:

1. DR NAGASHREE W/O SRI VIVEKANAND AGED ABOUT 40 YEARS R/AT NO.2126, 1^ST CROSS, 16^TH B MAIN, HAL 2^ND STAGE BENGALURU- 560 008

2. MRS. RAJASHREE M RATNAPPA D/O M.V MUNIRATHNAPPA W/O SRI MAYUR BHUTANI Digitally signed by AGE DBAOUT 35 YEARS PANKAJA S R/AT NO.2055, BARRETT LAKES BLVD, Location: HIGH COURT OF NW APT 633, KENNESAW KARNATAKA GEROGIA, USA REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI. M.V MUNIRATHANAPPA R/AT NO.2126, 1S CROSS, 16^TH B MAIN, HAL 2^ND STAGE, BENGALURU - 560 008 …PETITIONERS (BY SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI. A. MADHUSUDHANA RAO, ADVOCATE)

AND:

1. M/S VDB WHITEFIELD DEVELOPMENT PVT LTD A PRIVATE LIMITED COMPANY HAVING ITS OFFICE AT NO.301, 302, VDB SENTAI, R NARAYANAPURA MAIN ROAD, WHITEFIELD, BENGALURU - 560 066 REPRESENTED BY ITS MANAGING DIRECTOR SRI KOSHY VARGHESE

2. MRS BHAGYA SHREE SETT D/O SRI M.V MUNIRATHNAPPA, W/O SUBHASIS SETT AGED ABOUT 38 YEARS R/AT FLAT NO.504, BUILDING D- 5, PARSVNATH EXOTICA, SECTOR - 53, GURUGRAM-122 003, HARYANA …RESPONDENTS (BY SRI. DILIP KUMAR I S, ADVOCATE FOR R1, VIDE COURT ORDER DATED 31.08.2023, NOTICE TO R2 IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED AWARD PASSED BY THE LEARNED ARBITRATOR IN AC No. 88/2021 DATED 16.05.2023 PRODUCED ARBITRATION TRIBUNAL ANNEXURE-G AND ALSO THE IMPUGNED ORDER DATED 17.07.2023 PASSED IN AC No. 88/2021 PRODUCED AT ANNEXURE-K, AND ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE LEARNED ARBITRATOR IN A.C. 88/2021 TO CLARIFY THE PERIOD WITHIN WHICH RESPONDENT No. 1 HAS TO COMPLETE THE WORKS PERTAINING TO THE OWNERS SHARE OF BUILT UP AREA AND TO COMPLETE THE REMAINING WORKS PERTAINING TO THE PROJECT AS PER THE JOINT DEVELOPMENT AGREEMENT AND ALSO TO DETERMINE THE AMOUNT OF DAMAGES PAYABLE TO THE CLAIMANTS IN VIEW OF THE DEFAULT COMMITTED BY RESPONDENT No. 1 IN COMPLYING WITH THE TERMS OF THE REGISTERED JOINT DEVELOPMENT AGREEMENT, ALLOW THIS WRIT PETITION WITH COSTS AND GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

(PER: HON'BLE MR. JUSTICE D K SINGH)

This writ petition has been filed by the petitioner, the owners of the land, who entered into a joint development agreement with respondent No.1 for constructions of independent villas (residential complex) with an understanding that 43% of total saleable constructed super built up area and covered car parking spaces ought to be given to the petitioners/owners and the remaining 57% of the undivided share in the schedule property ought to be given in favour of the respondent-developers or its nominees.

2. This agreement was entered into between the parties on 22.09.2010. The fact remains that till today, the owners are still waiting for delivery of their share of the developed residential complex i.e., 43% of the total saleable constructed super built up area along with the car parking. 3. As alleged by the petitioner, the builder of the respondent defaulted and breached the joint development agreement and therefore, the arbitration proceedings has been instituted and the award was passed on 16.05.2023. The final award would read as under, "(1) The claim petition is allowed in part as under:

(a) The Claimants are entitled to seek relief of Specific Performance of the Contract from the Respondent Developer in accordance with the clause 28 of the JDA dated 22.9.2010 without any further delay;

(b) The Claimants are also entitled seek from the Respondent the actual loss, damages and expenses incurred by them;

(c) The