IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 2847 OF 2025 (GM-RES)

BETWEEN:

M/S UNISHIRE BUILDERS PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT NO.36, RAILWAY PARALLEL ROAD, NEHRU NAGAR, KUMARA PARK WEST, BENGALURU - 560 020.

PRESENTLY AT:

NO.42, CASTLE STREET, ASHOK NAGAR, BENGALURU - 560 025.

Digitally REPRESENTED BY signed by ITS AUTHORISED SIGNATORY REKHA R SRI. PRATIK K. MEHTA.

Location:

…PETITIONER High Court of Karnataka (BY SRI. G S VENKAT SUBBARAO, ADVOCATE)

AND:

1. SRI. SYED ASIF, S/O. LATE SYED ABDUL SATTAR, AGED ABOUT 60 YEARS. 2. SMT. NASREEN ASIF W/O. SRI.SYED ASIF, AGED ABOUT 58 YEARS.

3. SRI. SYED ABDULLA, S/O. SRI. SYED ASIF, AGED ABOUT 37 YEARS.

4. MS. SAKINA SYED ASIF, D/O. SRI. SYED ASIF, AGED ABOUT 34 YEARS, 5. SRI. SYED UMAR ASIF, S/O. SRI. SYED ASIF, AGED ABOUT 33 YEARS, 6. MS. AYESHA ASIF, D/O.SRI. SYED ASIF, AGED ABOUT 30 YEARS, RESIDING AT NO.14, PARK ROAD, TASKER TOWN, BANGALORE - 560 052.

…RESPONDENTS (BY SRI. HEGDE SHRIPAD GANGADHAR, ADVOCATE FOR R1 TO R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE INDIAN CONSTITUTION, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING IMPUGNED ORDER DATED:21.01.2025 PASSED BY THE SOLE ARBITRATOR HON'BLE JUSTICE V JAGANNATHAN ON IA FILED UNDER SECTION 5 OF THE ARBITRATION AND CONCILLIATION ACT 1996 READ WITH SECTION 10 OF CPC, IN A.C.NO.72/2024, VIDE ANNEXURE-'A' AND ETC.

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 T.M.NADAF

ORAL ORDER

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

The petitioners are before us in this Writ Petition filed under Articles 226 and 227 of the Constitution of India, calling in question the order dated 21.01.2025 passed by the sole Arbitrator on Interlocutory application filed under Section 5 of the Arbitration and Conciliation Act, 19961 R/w Section 10 of CPC, in A.C No.72/2024 (Annexure-A).

2. Under the impugned order, the sole arbitrator rejected the application in view of the observation made by this Court in Paragraph Nos.4, 6, 7 and 9 of its order in CMP No.6767/2022.

3. The parties are referred to as per their rankings before the Arbitrator.

4. The respondent filed an application under Section 5 of A & C Act, 1996 R/w Section 10 of CPC

1 A & C Act, 1966

seeking to stay all further proceedings before the Arbitrator on account of suit instituted in OS No.292/2023 pending on the file of City Civil Court in respect of the subject matter of the present arbitral proceedings.

5. Before the Arbitrator, the respondent submitted that during the pendency of CMP No.767/2022 before this Court, the claimant had executed a registered Gift Deed dated 09.08.2022, in respect of the subject matter of Joint Development Agreement dated 13.11.2013. Therefore, the comprehensive suit for declaration and other claims has been filed in O.S No.2922/2023 and the same is pending consideration. It was further submitted that the subject matter in the suit as well as the arbitration proceedings being one and the same, the application is filed. The claimants in the arbitral proceedings filed an application for rejection of plaint and the suit, which came to be dismissed vide order dated 09.08.2024. In these circumstances, it is just and necessary to stay the arbitral proceedings till the rights of the parties, which is also substantially an issue in the suit filed by the respondent is adjudicated. In the light of the above submissions, referring to Section 10 of CPC and also relying on the judgment of Delhi High Court reported in (2022) 1 HCC (Delhi) submitted that, since the suit was filed earlier to arbitral proceedings, it is necessary to stay all further proceedings before the Arbitrator.

6. The claimant opposed the contentions raised contending that all these contention