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NC: 2026:KHC:5384

CMP No. 450 of 2024

C/W CMP No. 451 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

CIVIL MISC. PETITION NO. 450 OF 2024

C/W

CIVIL MISC. PETITION NO. 451 OF 2024

IN CMP No. 450/2024

BETWEEN:

MOHAN KUMAR V,

AGED ABOUT 53 YEARS

S/O T VENKATESH

R/AT NO 142, 3^RD CROSS

MANASARA ROAD, INDIRA NAGAR

Digita lly MYSURU 570010

signed by …PETITIONER

KIRAN

KUMAR R

(BY SRI. RUPESH KUMAR S., V. MOHAN KUMAR, ADVOCATES)

Location:

HIGH COURT

OF AND:

KARNATAKA

U P SHASHIDHAR,

AGED ABOUT 47 YEARS

S/O PUTTARAME GOWDA

R/AT 87, VENKATALINGAIAH LAYOUT

VENKATESHWARA LAYOUT

SIDDARTH NAGAR

MYSURU 570011

…RESPONDENT

(RESPONDENT SERVED)

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NC: 2026:KHC:5384

CMP No. 450 of 2024

C/W CMP No. 451 of 2024

HC-KAR

THIS CIVIL MISC. PETITION IS FILED UNDER SECTION

11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996

FOR APPOINTMENT OF ARBITRATOR PRAYING THAT THIS

HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY BE

PLEASED TO A) APPOINT A SOLE ARBITRATOR NAMELY

RETIRED HIGH COURT JUSTICE MRS. KAMALA OR ANY OTHER

RETIRED DISTRICT JUDGE TO ADJUDICATE UPON THE LIS

BETWEEN THE PARTIES AROSE UNDER AGREEMENT DATE

20.10.2022 AND B) PASS SUCH OTHER ORDERS AS ARE

NECESSARY IN THE CIRCUMSTANCES OF THE CASE.

IN CMP NO. 451/2024

BETWEEN:

N MOHAN,

AGED ABOUT 53 YEARS

S/O K K NATARAJU

R/AT NO 1235., 12TH CROSS

8TH MAIN, 1ST STAGE

VIJAYANAGAR, MYSURU 570017

...PETITIONER

(BY SRI. RUPESH KUMAR S., ADVOCATE)

AND:

U P SHASHIDHAR,

AGED ABOUT 47 YEARS

S/O PUTTARAME GOWDA

R/AT NO 87, VENKATALINGAIAH LAYOUT

VENKATESWHARA LAYOUT

SIDDARTHA NAGAR

MYSURU 570011

...RESPONDENT

(RESPONDENT SERVED)

THIS CIVIL MISC. PETITION IS FILED UNDER SECTION

11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996

FOR APPOINTMENT OF ARBITRATOR PRAYING THAT THIS

HON’BLE COURT IN THE INTEREST OF JUSTICE AND

EQUITY BE PLEASED TO A) APPOINT A SOLE ARBITRATOR

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NC: 2026:KHC:5384

CMP No. 450 of 2024

C/W CMP No. 451 of 2024

HC-KAR

NAMELY HON’BLE RETIRED HIGH COURT JUSTICE

MRS. KAMALA OR ANY OTHER RETIRED DISTRICT JUDGE

TO ADJUDICATE UPON THE LIS BETWEEN THE PARTIES

AROSE UNDER AGREEMENT DATE 22.10.2022 AS PER

ANNEXURE A, CLAUSE 10. B) PASS SUCH OTHER ORDERS

AS ARE NECESSARY IN THE CIRCUMSTANCES OF THE

CASE.

THESE PETITIONS, COMING ON FOR ADMISSION, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

These petitions are filed by the petitioners under

Section 11(5) of the Arbitration and Conciliation Act, 1996

(‘Act’ for short) for the appointment of a Sole Arbitrator to

adjudicate the disputes between the parties in terms of

clause 10 of the memorandums of understanding (MOU)

dated 20.10.2022 vide Annexure-A in both the petitions.

2. Brief facts leading rise to the filing of this

petition are as follows:

2.1. The respondent entered into a development

agreement with the land owners on 06.05.2022. The

respondent has entered into general power of attorney

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NC: 2026:KHC:5384

CMP No. 450 of 2024

C/W CMP No. 451 of 2024

HC-KAR

with the land owners on the same day and the layout plan

was issued by the Town and Country Planning Authority on

29.08.2022. On 13.10.2022, declaration of sharing

agreement was entered into by the respondent with the

landowners. On 20.10.2022, memorandums of

understanding (MOU) were entered into by and between

the petitioners and the respondent, thereby agreeing to

purchase fully developed 3,700 sq.ft. and 4,500 sq.ft. of

identifiable sital areas respectively. The petitioners

discovered that the respondent had started to alienate the

sites fallen to his share detrimental to the interest of the

respondent. There is an arbitration clause in the

agreement. The petitioners invoked the arbitration clause

by issuing notices dated 03.09.2024 and 26.08.2024

under Section 21 of the Act. The postal cover returned

with a shara as ‘unclaimed’. Hence, a cause of action

arose for the petitioners to file this petition. Accordingly,

prays to allow the petition.

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NC: 2026:KHC:5384

CMP No. 450 of 2024

C/W CMP No.

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