The petitioners are before this Court seeking for the

following relief:

"WHEREFORE

the

petitioner

most

respectfully pray that this Hon'ble Court

may be pleased to appoint a sole Arbitrator

as per Clause 24 of the Joint Development

Agreements

dated

14.112017

and

15.11.2017 at Annexures C and E, to

resolve the disputes between the parties in

accordance

with

the

Arbitration

and

Conciliation Act, 1996, in the interest of

justice and equity."

- 3 -

The petitioners and the respondent are stated to

have

entered

into

two

Joint

Development

Agreements (JDAs), the first agreement dated

14.11.2017

at

Annexure-C

and

the

second

agreement dated 15.11.2017 at Annexure-E. Both

the said agreements are governed by arbitration

clause. The arbitration clause as regards the JDAs

dated 14.11.2017 in Clause 24 which is reproduced

hereunder for easy reference:

"24. ARBITRATION: In the event of any

difference or dispute arising between the

parties in regard to this understanding or

any matter related thereto, the same shall

be referred to and settled by a sole

Arbitration under the Provisions of the

Arbitration Act, 1996."

3.

The Arbitration Clause as regards the JDAs dated

15.11.2017 in Clause 24 which is reproduced

hereunder for easy reference:

"24. ARBITRATION: In the event of any

difference or dispute arising between the

parties in regard to this understanding or

any matter related thereto, the same shall

be referred to and settled by a sole

- 4 -

Arbitration under the Provisions of the

Arbitration Act, 1996."

4.

There being certain disputes between the petitioners

and respondent, the petitioners issued a notice on

03.02.2021 calling upon the petitioners to return all

the documents as also make payment of certain

money. When the same was not done, the further

notice dated 09.08.2021 at Annexure-L was issued

invoking the Arbitration Clause and appointing the

nominee. The said notice was issued at the address

of the respondents as given in the JDAs which was

refused by the respondent and as such returned to

the petitioners. It is in that background the

petitioner is before this Court.

5.

Upon notice being issued to the respondent, the

counsel for the respondent has entered appearance

for the respondent. However, no objections have

been filed and the said counsel has not been

appearing in the matter regularly. Hence, vide order

- 5 -

dated 20.06.2022, this Court had categorically

observed that if none were to appear for the

respondent, the matter would be taken up for

consideration in its absence.

6.

Today also none appears for the respondent.

7.

The Joint Development Agreements which had been

entered into between the parties are registered

documents, and the Arbitration Clause mentioned

therein are reproduced herein above.

8.

The petitioners have invoked the Arbitration Clause

and there is no response to the said notice and it was

refused by the respondent. I find that the dispute

between

the

parties

being

governed

by

the

Arbitration Clause, it would have to be resolved by

way of arbitration. In view thereof, I pass the

following:

- 6 -

::ORDER::

Sri. H.C.Hindalagi, Retired District Judge,

of District Judiciary, State of Karnataka is

appointed as sole Arbitrator to arbitrate the

dispute between the parties under the aegis of

the Arbitration Center attached to this Court.

Registry is directed to forward a copy of

this order to the Director, Arbitration Center for

doing the needful.

Sd/-

JUDGE

GJM