SRI. SYED ASIF vs MR. UMANG BADJATYA

- 1 -
HC-KAR
NC: 2026:KHC:56496
CMP No. 407 of 2026


CNR: KAHC010508282026







IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 8 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

CIVIL MISC. PETITION NO. 407 OF 2026

BETWEEN:

1. SRI. SYED ASIF
AGED ABOUT 68 YEARS
S/O LATE SYED ABDUL SATTAR
TH
R/AT NO.16, 5 MAIN ROAD
JAYAMAHAL NEW EXTENSION
BENGALURU -560 046.

2. SMT. NASREEN ASIF
AGED ABOUT 60 YEARS
W/O SRI. SYED ASIF
TH
R/AT NO.16, 5 MAIN ROAD
JAYAMAHAL NEW EXTENSION
BENGALURU -560 046.

3. SMT. SAKINA SYED ASIF
AGED ABOUT 36 YEARS
D/O SYED ASIF AND
W/O, SYED NAKKASH NASIR
R/AT NO. D5, AL-HAFIZ RESIDENCY
NO.7 CATHEDRAL GARDEN ROAD
NUNGAMBAKAM, CHENNAI -600 034.

4. SRI.SYED UMAR
AGED ABOUT 35 YEARS
S/O SRI. SYED ASIF
R/AT NO.14/1, PARK ROAD
TASKER TOWN, BENGALURU- 560 051.











Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 2 -
HC-KAR
NC: 2026:KHC:56496
CMP No. 407 of 2026


CNR: KAHC010508282026


5. SMT. AYESHA ASIF
AGED ABOUT 30 YEARS
D/O SRI. SYED ASIF
W/O QADIR TRICHUR KHABEER ABDUL
R/AT NO.18, SAINT MARTINS LANE
GRAFTON, AUCKLAND 1010
(NEW ZEALAND).

6. SRI. KHAJA MOULA
AGED ABOUT 58 YEARS
S/O MOHAMMED SANA ULLA
R/AT NEW MASJID MOHALLA MAGADI
RAMANAGAR- 562120.

7. SRI. MOHAMED AEJAZ PASHA
AGED ABOUT 40 YEARS
S/O, SRI. MOHAMMED SANA ULLA
R/ AT NEW MASJID MOHALLA MAGADI
RAMANAGARA- 562120.

8. SRI. MOHAMED NOOR PASHA
AGED ABOUT 53 YEARS
S/O. MOHAMMED SANA ULLA
R/AT NEW MASJID MOHALLA MAGADI
RAMANAGARA- 562120.

9. SMT. MOHASEEN TAJ
AGED ABOUT 50 YEARS
S/O MOHAMMED SANA ULLA
R/AT NEW MASJID MOHALLA MAGADI
RAMANAGARA- 562120.

10. SMT. IRFANA SATTAR
AGED ABOUT 58 YEARS
D/O SYED ABDUL SATTAR
R/AT PADMASALI ROAD
KICHAIH LANE, HMT DARGAH
COTTONPET, BANGALORE- 560053.
…PETITIONERS
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 3 -
HC-KAR
NC: 2026:KHC:56496
CMP No. 407 of 2026


CNR: KAHC010508282026


(BY SRI. R A DEVANAND., ADVOCATE)
AND:

MR. UMANG BADJATYA
KUMAR ONE SBR RELATORS LLP
NO.33, CRESCENT ROAD
HIGH GROUNDS, BEHIND GOLF CLUB
BANGALORE-560001.
…RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
THIS CMP IS FILED UNDER SECTION 11(5) OF
ARBITRATION AND CONCILIATION ACT PRAYING TO APPOINT
A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE ARISING
OUT OF JOINT DEVELOPMENT AGREEMENT DATED 02.11.2023
WHICH IS REGISTERED AS DOCUMENT BEARING NO. KRI-1-
11605-2023-24 IN THE OFFICE OF THE SENIOR SUB -
REGISTRAR, K.R. PURAM, BENGALURU, AS PER CLAUSE 5 OF
THE J.D.A. AND WHICH IS PRODUCED AS ANNEXURE A, BY
ALLOWING THIS WRIT PETITION IN ENTIRETY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER
This petition is filed under Section 11(5) of the
Arbitration and Conciliation Act, 1996 (for short, “the
Act”), seeking appointment of a Sole Arbitrator for
adjudication of the disputes that have arisen between the
parties under the Memorandum of Understanding
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 4 -
HC-KAR
NC: 2026:KHC:56496
CMP No. 407 of 2026


CNR: KAHC010508282026


Agreement dated 02.11.2023, particularly in terms of
Clause 5 thereof, produced at Annexure-A.

2. The petitioners are the owners of the property
bearing Sy.Nos.116/2, 121, 123, 124, 126, 127 and 128,
totally measuring 18 acres 33 guntas situated at
Doddabanahalli Village, Bidarahalli Hobli, Bangalore East
Taluk. The respondent, a Company registered under the
Companies Act, entered into a Memorandum of
Understanding Agreement dated 02.11.2023 vide
Annexure-A, with the petitioners for construction and
development of multi storied residential apartments on
sharing basis. As per the Agreement, there is a clause
that requisite approvals could not be obtained, if the
property is acquired by the BDA, the agreement could be
terminated by the parties. The case of the petitioners is
that the property in dispute has been acquired by the BDA.
Therefore, as it became impossible to fulfill their
obligations under certain clauses of the Agreement, they
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 5 -
HC-KAR
NC: 2026:KHC:56496
CMP No. 407 of 2026


CNR: KAHC010508282026


sent a notice notice dated 05.06.2026, vide Annexure-B
and a Corrigendum dated 09.06.2026 vide Annexure-C for
cancellation of the agreement stating that they are also
ready to refund the advance amount in a sum of Rs.15
crores. They have further stated therein that if the
requirement under the said notice is not complied with,
they shall invoke the arbitration clause contained in the
Memorandum of Understanding Agreement. The said
arbitration Clause 5 reads as under:
“ 5. In case of any dispute regarding this
agreement relating to the said property, the same
shall be settled by Arbitration to be conducted by a
panel of 3 Arbitrators. The Arbitration shall be in
English Language. Each of the parties shall appoint
an Arbitrator. The Arbitrators so appointed shall
choose unanimously the third Arbitrator. The
Arbitration shall be final and binding. Arbitration
shall be conducted in Bengaluru. The Civil Courts of
Bengaluru shall have exclusive jurisdiction with
respect to this Agreement. ”

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 6 -
HC-KAR
NC: 2026:KHC:56496
CMP No. 407 of 2026


CNR: KAHC010508282026


4. The respondent sent a reply dated 03.07.2026
vide Annexure-D to the said notice. Being dissatisfied with
the reply, the present petition is filed seeking appointment
of a Sole Arbitrator.

5. Notice issued by this Court has been duly served
upon the respondent. However, there is no representation
on behalf of the respondent.

6. Having regard to the existence of the arbitration
clause contained in the Memorandum of Understanding
Agreement, which provides for resolution of disputes
arising between the parties, and the fact that the
petitioners have duly invoked the said arbitration clause by
issuing notice under Section 21 of the Act, this Court is of
the opinion that a Sole Arbitrator is required to be
appointed for adjudication of the disputes between the
parties.

7. Accordingly, the following:
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 7 -
HC-KAR
NC: 2026:KHC:56496
CMP No. 407 of 2026


CNR: KAHC010508282026


ORDER

a) Civil Miscellaneous Petition is allowed.


b) Sri M.M.Pathan, a retired District Judge, is
appointed as the Sole Arbitrator in the present
case to arbitrate the disputes between the
parties at the Arbitration and Conciliation
Centre (Domestic & International), Bengaluru,
as per the Rules governing the said Arbitration
Centre.


c) All the claims and contentions of the parties are
left open.


d) Registry is directed to communicate this order
via e-mail to the Arbitration and Conciliation
Centre (Domestic & International), Khanija
Bhavan, Bengaluru, and also to the learned
Sole Arbitrator.


e) Registry is directed to return all the original
documents produced by any of the parties after
obtaining Photostat copies of the same.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 8 -
HC-KAR
NC: 2026:KHC:56496
CMP No. 407 of 2026


CNR: KAHC010508282026



f) Parties are directed to appear before the
Director, Arbitration and Conciliation Centre,
Bengaluru, on 19.11.2026 at 11:30 a.m.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

(H.T. NARENDRA PRASAD)
JUDGE

CM
LIST NO.: 1 SL NO.: 46