M/S WINDSOR GARDENS PVT LTD vs SMT B PAPACHAMMA

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HC-KAR
NC: 2026:KHC:57447
CMP No. 300 of 2026


CNR: KAHC010403392026




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 13 DAY OF OCTOBER, 2026


BEFORE

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

CIVIL MISC. PETITION NO. 300 OF 2026

BETWEEN:
M/S WINDSOR GARDENS PVT LTD.,
A COMPANY REGISTERED UNDER
THE REGISTERED ACT 1956
HAVING REGISTERED OFFICE AT NO. 722
TH TH TH
37 CROSS, 9 MAIN, 5 BLOCK
JAYANAGAR, BANGALORE – 560041
REP. BY ITS MANAGING DIRECTOR
MR.M.SRINIVASA RAO.
…PETITIONER
(BY SRI. RADHANANDAN B S., ADVOCATE)








AND:
1. SMT B PAPACHAMMA
W/O SRI. ARJUNAPPA
MAJOR IN AGE
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE-560029.

2. SMT. B. PRABHA
W/O SRI. GOPAL
AGED ABOUT 58 YEARS
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE-560029.

3. SMT. B. LALITHA
W/O SRI. SHAMANNA




Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:57447
CMP No. 300 of 2026


CNR: KAHC010403392026


MAJOR IN AGE
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE-560029.

4. SMT. B. VIJAYA
W/O. SRI. SURYANARAYANA
MAJOR IN AGE
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE-560029.

5. SMT. NETHRAVTHI
D/O SRI SURYANARAYANA
AGED ABOUT 29 YEARS
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE-560029.

6. SRI B MANJUNATH
S/O LATE S M BHEMANNA
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE-560029.

7. SMT. B NIRMALA
W/O SRI SURESH
AGED ABOUT 43 YEARS
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE 560029.

8. SRI MANOHAR
S/O SRI SURESH
AGED ABOUT 25 YEARS
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:57447
CMP No. 300 of 2026


CNR: KAHC010403392026


R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE-560029.

9. SRI RAKESH
S/O SRI SURESH
AGED ABOUT 21 YEARS
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE 560029.

10. SRI S B MAHESH
S/O LATE S M BHEMANNA
AGED ABOUT 41 YEARS
R/AT NO 52 SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATA ROAD
BANGALORE-560029.

11. KUM. HARIPRIYA
D/O SRI MAHESH
AGE ABOUT 13 YEARS
R/A NO. 52 SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE-560029.
SINCE MINOR AND BEING REP. BY
HER NATURAL GUARDILAN AND
FATHER SRI S B MAHESH.

12. SRI LOKESH
S/O SRI ARUNAPPA
AGE ABOUT 42 YEARS
R/AT NO.52 SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE-560029.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:57447
CMP No. 300 of 2026


CNR: KAHC010403392026


13. SMT PUSHPA
D/O SRI ARUJNAPPA
AGE ABOUT 40 YEARS
R/A NO 52 SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE -560029.

14. SRI SHANTHARAJ
S/O SRI ARJUNAPPA
AGE ABOUT 37 YEARS
R/AT NO 52 SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE-560029.

15. SRI. MANJUNATH
S/O SRI. ARJUNAPPA
AGED ABOUT 34 YEARS
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE - 560029.

16. SMT. ANITHA
D/O SRI. GOPAL
AGED ABOUT 38 YEARS
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE-560029.

17. SRI. MOHAN
S/O SRI. GOPAL
AGED ABOUT 36 YEARS
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE - 560029.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:57447
CMP No. 300 of 2026


CNR: KAHC010403392026


18. SRI. RAMESHA
S/O SRI. SHAMANNA
AGED ABOUT 39 YEARS
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE - 560029.

19. SMT. BHARATHI
D/O SRI. SHAMANNA
AGED ABOUT 36 YEARS
R/AT NO. 52, JALABHAVANA LAYOUT
BANNERGHATTA ROAD
SUBBANNA GARDEN
BANGALORE - 560029.

20. SMT. SUDHA
D/O SRI. SHAMANNA
AGED ABOUT 34 YEARS
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE - 560029.

21. SMT. JAYANTHI
D/O SRI. MANJUNATHA
AGED ABOUT 35 YEARS
R/AT NO. 52, SUBBANNA GARDEN
JALABHAVANA LAYOUT
BANNERGHATTA ROAD
BANGALORE - 560029.
…RESPONDENTS
(R10 & R19 ARE SERVED UNREPRESENTED
SERVICE OF NOTICE TO R1 TO R9, R11 TO R18, R20 & R21
ARE HELD SUFFICIENT V/O DATED: 13.10.2026)
THIS CMP IS FILED UNDER SECTION 11(5) OF
ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO
APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTE
BETWEEN THE PARTIES HERETO AS PER CLAUSE 15 OF THE
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:57447
CMP No. 300 of 2026


CNR: KAHC010403392026


JOINT DEVELOPMENT AGREEMENT DATED 18.11.2013 AT
ANNEXURE A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

1. 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 Joint Development Agreement dated
18.11.2013, particularly in terms of Clause 15, thereof,
produced at Annexure-A.


2. The brief facts of the case are that petitioner is a
company engaged in the business of real estate and has
constructed and developed various residential projects.
The respondents are the owners of the petition schedule
property. The parties entered into a Joint Development
Agreement dated 18.11.2013 (Annexure-A) for the
purpose of construction of residential apartment.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:57447
CMP No. 300 of 2026


CNR: KAHC010403392026


Subsequently, disputes arose between the parties in
relation to the said Agreement.


3. As the disputes arose between the parties, the
petitioner, invoking the arbitration clause contained in the
Agreement, issued a notice dated 29.04.2025 vide
Annexure-D, to the respondent under Section 21 of the
Act. The said arbitration clause 15 reads as under:
“15. BREACH AND CONSEQUENCES :
In the event of breach by either party, the other
party (the aggrieved party) shall be entitled to seek
Arbitration by appointing a sole Arbitrator by mutual
consent of both the parties who shall be a Retired
District Judge who shall be functioned under the
Indian Arbitration and Conciliation Act 1996. The
aggrieved party will also be entitled to recover all
losses and expenses incurred as a consequence of
such breach from the party committing breach.



4. The respondents sent a reply dated 02.06.2025 vide
Annexure-G to the said notice. Being dissatisfied with the
reply, the present petition is filed seeking appointment of
a sole Arbitrator.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:57447
CMP No. 300 of 2026


CNR: KAHC010403392026



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


6. Having regard to the existence of the arbitration
clause contained in the Agreement, which provides for
resolution of disputes arising between the parties, and the
fact that the petitioner has 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:
ORDER

a) Civil Miscellaneous Petition is allowed .


b) Sri.K.M.Thammaiah, 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,
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:57447
CMP No. 300 of 2026


CNR: KAHC010403392026


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
Arbitrator.


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


f) Parties are directed to appear before the
Director, Arbitration and Conciliation Centre,
Bengaluru, on 20.11.2026 at 11:30 a.m.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

(H.T. NARENDRA PRASAD)
JUDGE


DM
LIST NO.: 1 SL NO.: 16