IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL MISC PETITION NO.100026 OF 2025 BETWEEN:

1. SSV DEVELOPERS, A PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT SHOP NO.16-17, HUBBALLI CENTRAL MALL UGF, ABOVE VISHAL MEGA MART, VIDYANAGAR, HUBBALLI-580021.

REPRESENTED BY ITS MANAGING PARTNER, VIJAYKUMAR KRISHNASA KABADI.

2. VIJAYKUMAR KRISHNASA KABADI, AGE. 52 YEARS, OCC. BUSINESS, R/O. H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580023.

Digitally signed by …PETITIONERS YASHAVANT NARAYANKAR Location: HIGH COURT (BY SRI. MAHANTESH R.PATIL, ADVOCATE)

OF KARNATAKA AND:

1. SUNDER S/O. PREMRAJ JOTWANI, AGE. 49 YEARS, OCC. BUSINESS, R/O. KALYANI CLASSIC APARTMENTS, T1, III FLOOR, OPP. SBI ZONAL OFFICE, KUSUGAL ROAD, KESHWAPUR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580023.

2. A. P. MURARI, ARBITRATOR / ARBITRAL TRIBUNAL, NO.15A, MICHIGAN COMPOUND, SAPTAPUR, DHARWAD, TQ. AND DIST. DHARWAD-580001.

3. SHIVAPRAKASH SHANKARAPPA ROTTI, AGE. 52 YEARS, OCC. BUSINESS, R/O. R.K. BUILDERS, II FLOOR, EUREKA JUNCTION, TB ROAD, DESHPANDE NAGAR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580029.

4. SMITA RAMESH CHAVAN, AGE. 54 YEARS, OCC. BUSINESS, R/O. H.NO.7, EUREKA COLONY, KESHWAPUR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580023.

…RESPONDENTS (BY SRI. V.G. BHAT, ADVOCATE AND SRI. SURAJ M.KATAGI, ADVOCATE)

THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11 (6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO I) TO EXERCISE ITS JURISDICTION AND POWER UNDER SECTION 11 (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT NEW ARBITRATOR AND CONSTITUTE ARBITRAL TRIBUNAL, IN ACCORDANCE WITH LAW, TO ADJUDICATE AND RESOLVE THE DISPUTES BETWEEN THE PETITIONERS AND THE RESPONDENT NO.1, 3 TO 4. II) GRANT SUCH OTHER RELIEF AS THIS HON’BLE COURT MAY CONSIDER DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THIS CASE.

THIS CIVIL MISCELLANEOUS PETITION HAVING BEEN HEARD AND RESERVED ON 19.01.2026, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CAV ORDER The present Civil Miscellaneous Petition is filed to exercise jurisdiction and power under Section 11(6) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘Act’) and to appoint new Arbitrator and constitute Arbitral Tribunal in accordance with law, to adjudicate and resolve the disputes between the petitioners and respondent Nos.1, 3 to 4.

2. The facts of the case are that the petitioner No.1 is a registered partnership firm. It is into the business of developing land, the formation of layouts and construction of apartments and complexes. The petitioner No.2 is the authorized representative of petitioner No.1. The respondent Nos.3 & 4 herein were also the partners of petitioner No.1 at the time of transaction as on the date of the alleged Agreement of Sale between petitioner No.1 and respondent No.1. Though the respondent No.4 herein was arrayed as an opponent before respondent No.2, she has since retired from the partnership firm and hence has been arrayed as respondent No.4 in the present petition as her presence is necessary for effective adjudication of the matter.

3. It is stated that the dispute arose between the petitioner and respondent No.1 herein and the respondent No.1 filed CMP.No.100028/2015 before the High Court seeking appointment of Arbitrator. On 06.07.2018, the Court appointed respondent No.2 as the Arbitrator. The disposal of the civil miscellaneous petition has come to the knowledge of the petitioner on 28.07.2018 and as per the Act, within 15 days the petitioners ought to have moved an application for recusal of the sole Arbitrator from adjudicating the dispute as the petitioners believed that there is every chance that respondent No.2 would move with the same rapport and with the same state of mind tilting towards respondent No.1 who happens to be the