M/S PARSWA CONSTRUCTIONS PVT LTD vs MR. G. MUNIYAPPA

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HC-KAR
NC: 2026:KHC:60024
CMP No. 34 of 2024


CNR: KAHC010028412024




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 29 DAY OF OCTOBER, 2026


BEFORE

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

CIVIL MISC. PETITION NO. 34 OF 2024


BETWEEN:

M/S PARSWA CONSTRUCTIONS PVT LTD
REGISTERED OFFICE AT NO 67/1
NETTAAKALLAPPA CIRCLE
BASAVANGUDI, BENGALURU - 560004
REP. BY ITS DIRECTOR
MR HARESH KUMAR J SHA.
…PETITIONER

(BY SRI. ANAGHA NARASIMHA C N, ADVOCATE FOR
SRI. AJIT P B., ADVOCATE)









AND:

1. MR. G. MUNIYAPPA
S/O LATE GANGAPPA

2. MRS NALINI
W/O G MUNIYAPPA

3. MR M N PRAVEEN
S/O MR G MUNIYAPPA

4. MRS MADHURYA
W/O M N PRAVEEN

5. MRS M N PALLAVI
W/O B J VENAKATESH
R1 TO R5 ARE RESIDING AT
NO. 930, 20TH MAIN



Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:60024
CMP No. 34 of 2024


CNR: KAHC010028412024


ND
BANASHANKARI 2 STAGE
BENGALURU.

6. MRS M N PREETHI
W/O K R RAGHUNATH
R/AT NO 73, 10TH BLOCK
ND
NAGARBHAVI 2 STAGE
BENGALURU – 560072.
…RESPONDENTS

(BY SRI.NAMAN JHABAKH, ADVOCATE FOR
SRI. VIVEK HOLLA., ADVOCATE FOR R1 & R3:
R2, R4 & R5 ARE SERVED AND UNREPRESENTED
SERVICE OF NOTICE TO R6 IS HELD SUFFICIENT
V/O DATED: 10.09.2026)

THIS CIVIL MISC. PETITION UNDER SEC.11(5) OF THE
ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT
THIS HON’BLE COURT BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON’BLE COURT OR ANY RETIRED DISTRICT
JUDGE AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE
ARISING OUT OF THE JOINT DEVELOPMENT AGREEMENT
DATED 09/12/2015 (ANNEXURE A RUNNING PAGE NO.44
CLAUSE U) IN RESPECT OF THE CLAIMS AND CONTRA THAT
MAY BE RAISED BY THE PETITIONER AND RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE, BENGALURU
TO SERVE THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:60024
CMP No. 34 of 2024


CNR: KAHC010028412024


ORAL ORDER

1. This petition is filed under Section 11(6) 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
09.12.2015, particularly in terms of Clause-U, thereof,
produced at Annexure-A.


2. The brief facts of the case are that petitioner is
engaged in the business of real estate and property
development. Respondents are the owners of property
st
bearing BBMP katha No.01, situated at 1 Cross, Revenue
th rd
Layout, 5 Block, Banashankari 3 Stage, Bengaluru,
measuring 15352.6 sqft. Thereafter, parties entered into
Joint Development Agreement dated 09.12.2015 for the
development of the property into a residential apartment
complex. Subsequently, disputes arose between the
parties in relation to the said Agreement.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:60024
CMP No. 34 of 2024


CNR: KAHC010028412024



3. As the disputes arose between the parties, the
petitioner, invoking the arbitration clause contained in the
Agreement, issued a notice dated 19.05.2023, vide
Annexure-M to the respondents under Section 21 of the
Act. The said arbitration Clause-U reads as under:
“U. ARBITRATION:
1) In the event of breach of the terms of this
Agreement or in the event of any differences or
disputes arising between the parties herein on any
matter concerning any issue contained herein, the
same shall be resolved through an Arbitrator as per
the provisions of Indian Arbitration Act, 1996 or the
amended Arbitration Act in force, before resorting to a
Court of Law. The venue of arbitration shall be at
Bangalore.

ii) In the event of breach by either party, the
aggrieved party shall be entitled to specific
performance and also be entitled to recover all losses
and expenses incurred as a consequence of such
breach from the party committing breach if the
breaching party has not corrected any breach within
30 days from the notice of the enforcing party.

iii) The courts in Bangalore shall alone have
jurisdiction to adjudicate any matter concerning this
agreement.

iv) Pending any lis, the agreement or obligation
undertaken herein by the owners shall be in force and
not be suspended and the rights of the developers
shall be in force unless restrained by a court.”
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:60024
CMP No. 34 of 2024


CNR: KAHC010028412024



4. The respondents sent a reply dated 19.06.2023 to
the said notice vide Annexure-N. Being dissatisfied with
the reply, the present petition is filed seeking appointment
of a sole Arbitrator.


5. The learned counsel appearing for the respondents
submits that respondents have no objection to the
appointment of sole Arbitrator. However, he seeks that all
the contentions of the parties be kept open to be urged
before the learned Arbitrator.


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.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:60024
CMP No. 34 of 2024


CNR: KAHC010028412024



7. Accordingly, the following:
ORDER

a) Civil Miscellaneous Petition is allowed .


b) Hon’ble Smt. Justice Rathnakala, Former Judge,
High Court of Karnataka, 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
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

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HC-KAR
NC: 2026:KHC:60024
CMP No. 34 of 2024


CNR: KAHC010028412024



f) Parties are directed to appear before the
Director, Arbitration and Conciliation Centre,
Bengaluru, on 30.11.2026 at 11:30 a.m.


Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

(H.T. NARENDRA PRASAD)
JUDGE



DM
List No.: 1 Sl No.: 5