IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 358 OF 2023 BETWEEN:

SOUL SPACE PROJECTS LIMITED A COMPANY LIMITED BY LIABILITY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.409

4TH FLOOR, DLF TOWER-A, JASSOLA NEW DELHI-110025 HAVING ITS CORPORATE OFFICE AT 90/2, 3, 4TH FLOOR, SOUL SPACE PARADIGM Digitally signed NEAR RADDISON BLU, by KIRAN KUMAR R OUTER RING ROAD Location:

HIGH COURT MARATHAHALLI, BANGALORE-560037 OF KARNATAKA HEREIN REPRESENTED BY ITS AUTHORISED SIGNATORY, SRI DHARMENDRA KUMAR SHARMA S/O LATE RAM GOPAL SHARMA AGED 53 YEARS …PETITIONER (BY SRI. S GANESH SHENOY., ADVOCATE)

AND:

1. MR. NAGARAJ REDDY S/O LATE KOTE SRINIVASA REDDY AGED ABOUT 65 YEARS, KODANDARAMA NILAYA DODDANEKUNDI VILLAGE BANGLAORE-560037

2. MR NANDISH REDDY S/O LATE KOTE SRINIVASA REDDY AGED ABOUT 52 YEARS

95/3, GOWRAVASHREE ARCADE OUTER RING ROAD DODDANEKUNDI VILLAGE BANGLAORE-560037 …RESPONDENTS (BY SRI. BHUVANENDRA RAJU P AND P B RAJU., ADVOCATES)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)

OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR FROM THE PANEL OF ARBITRATORS OF THIS HON’BLE COURT IN ACCORDANCE WITH CLAUSE NO. 28 OF THE JD DATED 16/10/2008 (ANNEXURE-B-1) BETWEEN THE PARTIES HERETO AND ALLOW COSTS OF THIS PETITION AND GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE AND RENDER JUSTICE.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

1. This Civil Miscellaneous petition is filed under Section

11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to resolve the dispute between the parties to the petition in terms of clause 28 of the Joint Development Agreement (for short ‘the JDA’) dated 16.10.2008 vide Annexure B1 as per the provisions of Arbitration and Conciliation Act, 1996.

2. Brief facts, leading rise to the filing of this petition are as follows:

3. The joint development agreement was entered into by the respondents with M/s. Akme Projects Ltd for commercial development of immovable property owned by the respondents on 09.08.2006. The joint development agreement was executed between the respondents and the petitioner on 16.10.2008 and also executed a general power of attorney on the same day. The petitioner issued a notice on 03.08.2021, calling upon the respondents to settle the dues by executing sharing agreement so that joint tendencies would be brought to an end vide Annexure-E-1. The respondents replied to the notice dated 03.08.2021, vide replied notice dated 20.09.2021 vide Annexure E2. The petitioner invoked an arbitration clause by issuing a notice on 16.10.2021, proposing the name of Hon'ble Mr. Justice S. N. Satyanarayana as a sole arbitrator. The respondents replied on 15.11.2021 vide Annexure E4, proposing the name of Mr. Veeranna G Thigadi retired District Judge as an Arbitrator. Hence, this petition.

4. Respondent No.1 and 2 filed a statement of objections raising several grounds in the statement of objections and contended that the claim made by the petitioner is outside the purview of joint development agreement and there is no arbitral dispute. Hence, prays to dismiss the writ petition.

5. Heard the arguments of the learned counsel for the petitioner and learned counsel for the respondents.

6. Learned counsel for the petitioner submits that the parties to the petition have entered into a joint development agreement, and the dispute arises between the parties to the petition and there is an arbitration clause in the joint development agreement. The petitioner invoked an arbitration clause by issuing an arbitration notice on 16.10.2021 proposing the name of Hon'ble Mr. Justice S. N. Satyanarayana as a sole arbitrator. The respondents did not agree to the name