SMT. G. BUJJAMMA vs M/S KENT PROJECTS PRIVATE LIMITED,

- 1 -
HC-KAR
NC: 2026:KHC:61536
CMP No. 548 of 2026
C/W CMP No. 544 of 2026
CMP No. 546 of 2026
AND 1 OTHER


CNR: KAHC010652202026




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026


BEFORE

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

CIVIL MISC. PETITION NO. 548 OF 2026

C/W

CIVIL MISC. PETITION NO. 544 OF 2026

CIVIL MISC. PETITION NO. 546 OF 2026

CIVIL MISC. PETITION NO. 547 OF 2026



IN CMP No. 548/2026

BETWEEN:

T NARAYANA
S/O LATE SRI PULLAIAH
AGED ABOUT 67 YEARS
TH
R/AT NO. 54, 4 CROSS
K.T. ROAD, T. DASARAHALLI
BANGALORE 560 057.
…PETITIONER
(BY SRI/SMT. BURLA SREYA REDDY., ADVOCATE)






AND:

M/S KENT PROJECTS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT 316/9
RADHESHYAM NIWAS, JAWAHAR NAGAR
GOREGAON (WEST), MUMBAI 400 064
REP. BY ITS AUTHORIZED SIGNATORY
MR. NIKHIL R. SHAH
AGED ABOUT 53 YEARS
S/O R.R. SHAH
ALSO HAVING ADDRESS AT NO. 43
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 2 -
HC-KAR
NC: 2026:KHC:61536
CMP No. 548 of 2026
C/W CMP No. 544 of 2026
CMP No. 546 of 2026
AND 1 OTHER


CNR: KAHC010652202026


MEDAVAKKAM TANK ROAD, KILPAUK
CHENNAI - 600 010.
EMAIL [email protected]
…RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
THIS CMP IS FILED UNDER SECTION 11(6) OF
ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO
APPOINT AN INDEPENDENT AND IMPARTIAL ARBITRATOR ON
BEHALF OF THE RESPONDENT IN TERMS OF CLAUSE 27.3 OF
THE JOINT DEVELOPMENT AGREEMENT DATED 30.07.2015
ANNEXURE A FOR CONSTITUTION OF THE ARBITRAL TRIBUNAL
CONTEMPLATED THERE UNDER AND APPOINT AN ARBITRATOR
ON BEHALF OF THE RESPONDENT AND CONSTITUTE THE
ARBITRAL TRIBUNAL IN ACCORDANCE WITH CLAUSE 27.3 OF
THE JOINT DEVELOPMENT AGREEMENT DATED 30.07.2015
ANNEXURE A AND ETC.

IN CMP NO. 544/2026
BETWEEN:
SMT. G. BUJJAMMA
W/O LATE SRI G. NARAYANA REDDY
AGED ABOUT 72 YEARS
R/AT NO. 42, 5TH CROSS
K.T. ROAD, T. DASARAHALLI
BENGALURU - 560 057.
...PETITIONER
(BY SRI/SMT. BURLA SREYA REDDY., ADVOCATE)
AND:
M/S KENT PROJECTS PRIVATE LIMITED,
HAVING ITS REGISTERED OFFICE AT 316/9
RADHESHYAM NIWAS, JAWAHAR NAGAR
GOREGAON (WEST), MUMBAI - 400 064
REP. BY ITS AUTHORISED SIGNATORY
MR. NIKHIL R. SHAH
AGED ABOUT 53 YEARS
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 3 -
HC-KAR
NC: 2026:KHC:61536
CMP No. 548 of 2026
C/W CMP No. 544 of 2026
CMP No. 546 of 2026
AND 1 OTHER


CNR: KAHC010652202026


S/O R.R. SHAH
ALSO HAVING ADDRESS AT NO. 43
MEDAVAKKAM TANK ROAD, KILPAUK
CHENNAI-600 010.
EMAIL [email protected]
...RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
THIS CMP IS FILED UNDER SECTION 11(6) OF
ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO
ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION FILED
UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION
ACT., 1996 AND APPOINT AN INDEPENDENT ARBITRATION ON
BEHALF OF THE RESPONDENT IN TERMS OF CLAUSE 27.3 OF
THE JOINT DEVELOPMENT AGREEMENT DATED 30.07.2015 IN
ANNEXURE - A FOR CONSTITUTION OF THE ARBITRAL
TRIBUNAL CONTEMPLATED THEREUNDER, ALONGWITH THE
PETITIONERS NOMINEE ARBITRATOR, HONBLE MR.JUSTICE P.
KRISHNA BHAT (RETD)., AND A PRESIDING ARBITRATOR
CHOSENBY THE TWO ARBITRATORS SO APPOINTED AND ETC.
IN CMP NO. 546/2026
BETWEEN:
CHALAMALA BABU REDDY
REP. BY HIS GPA HOLDER
G. BUJJAMMA
W/O LATE G. NARAYANA REDDY
AGED ABOUT 72 YEARS
R/AT NO. 42, 5TH CROSS, K.T. ROAD
T. DASARAHALLI, BENGALURU 560 057.
...PETITIONER
(BY SRI/SMT. BURLA SREYA REDDY., ADVOCATE)
AND:
M/S KENT PROJECTS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
316/9, RADHESHYAM NIWAS
JAWAHAR NAGAR, GOREGAON (WEST)
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 4 -
HC-KAR
NC: 2026:KHC:61536
CMP No. 548 of 2026
C/W CMP No. 544 of 2026
CMP No. 546 of 2026
AND 1 OTHER


CNR: KAHC010652202026


MUMBAI 400 064,
REP. BY ITS AUTHORISED SIGNATORY
MR. NIKHIL R. SHAH
AGED ABOUT 53 YEARS
S/O R.R. SHAH
ALSO HAVING ADDRESS AT
NO. 43, MEDAVAKKAM TANK ROAD
KILPAUK, CHENNAI - 600 010.
EMAIL [email protected]
...RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
THIS CMP IS FILED UNDER SECTION 11(6) OF
ARBITRATION AND CONCILIATION ACT PRAYING TO APPOINT
AN INDEPENDENT AND IMPARTIAL ARBITRATOR ON BEHALF OF
THE RESPONDENT IN TERMS OF CLAUSE 27.3 OF THE JOINT
DEVELOPMENT AGREEMENT DATED 30.07.2015 IN ANNEXURE
A FOR CONSTITUTION OF THE ARBITRAL TRIBUNAL
CONTEMPLATED THEREUNDER AND ETC.
IN CMP NO. 547/2026
BETWEEN:
PRABHA CHALAMALA
REP. BY HIS GPA HOLDER
G. BUJJAMMA
W/O LATE G. NARAYANA REDDY
AGED ABOUT 72 YEARS
TH
R/AT NO. 42, 5 CROSS, K.T. ROAD
T. DASARAHALLI, BENGALURU 560 057.
...PETITIONER
(BY SRI/SMT. BURLA SREYA REDDY., ADVOCATE)
AND:
M/S KENT PROJECTS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT 316/9
RADHESHYAM NIWAS
JAWAHAR NAGAR, GOREGAON (WEST)
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 5 -
HC-KAR
NC: 2026:KHC:61536
CMP No. 548 of 2026
C/W CMP No. 544 of 2026
CMP No. 546 of 2026
AND 1 OTHER


CNR: KAHC010652202026


MUMBAI- 400 064,
REP. BY ITS AUTHORISED SIGNATORY
MR. NIKHIL R. SHAH
AGED ABOUT 53 YEARS
S/O R.R. SHAH
ALSO HAVING ADDRESS AT
NO. 43, MEDAVAKKAM TANK ROAD
KILPAUK, CHENNAI 600 010
EMAIL [email protected]
...RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
THIS CMP IS FILED UNDER SECTION 11(6) OF
ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO
ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION FILED
UNDER SECTION 11(6) OF THE ARBITRATION AND
CONCILIATION ACT., 1996 AND APPOINT AN INDEPENDENT
AND IMPARTIAL ARBITRATOR ON BEHALF OF THE
RESPONDENT IN TERMS OF CLAUSE 27.3 OF THE JOINT
DEVELOPMENT AGREEMENT DATED 30.07.2015 IN ANNEXURE
– A AND ETC.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER

1. These petitions are 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 (for short
‘JDA’) dated 30.07.2015, particularly in terms of Clause
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:61536
CMP No. 548 of 2026
C/W CMP No. 544 of 2026
CMP No. 546 of 2026
AND 1 OTHER


CNR: KAHC010652202026


27.3 thereof, produced at Annexure-A in respective
petitions.


2. The brief facts of the case are that the petitioner in
each of these petitions is the owner of the property
described in the respective petitions. Each petitioner has
entered into a separate Joint Development Agreement with
the respondent, all dated 30.07.2015 (Annexure-A in the
respective petitions). In terms of the respective
Agreements, the respondent was obligated to develop the
schedule properties by constructing residential apartments
and plotted villas. Subsequently, disputes arose between
the respective petitioners and the respondent in relation to
the said Agreements.


3. In view of the disputes having arisen between the
parties, each of the petitioners, invoking the arbitration
clause contained in the respective JDAs, issued a separate
notice to the respondent under Section 21 of the Act. The
dates of the respective notices and the corresponding
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 7 -
HC-KAR
NC: 2026:KHC:61536
CMP No. 548 of 2026
C/W CMP No. 544 of 2026
CMP No. 546 of 2026
AND 1 OTHER


CNR: KAHC010652202026


annexure particulars are as set out in the respective
petitions. The arbitration clause contained in the
respective JDAs, which is identically worded, reads as
under:
“ 27.3) In the event of the parties being unable to
resolve the dispute by conciliation as above or within
such further time as the parties may mutually agree,
the dispute may be referred by either party to
arbitration by a panel of three arbitrators (one to be
appointed by Party of First Part, the other by Party of
Second Part and third by the two arbitrators) in
accordance with the provisions of the Arbitration and
Conciliation Act, 1996 and shall be decided by such
Arbitral Tribunal. The award shall be final and binding
on the parties.
i) The arbitration will be held in Bangalore City.

ii) The language of the arbitration proceedings will be
in English

The disputes shall be resolved in thirty working days
of reference or within a reasonable period as may be
agreed between the parties in writing. It is however
clarified the work will not stop, pending the

arbitration process.”


4. The respondent issued separate replies to the
respective notices on different dates, as evidenced by the
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:61536
CMP No. 548 of 2026
C/W CMP No. 544 of 2026
CMP No. 546 of 2026
AND 1 OTHER


CNR: KAHC010652202026


corresponding Annexures produced in the respective
petitions. Being dissatisfied with the replies received, the
petitioners have filed the present petitions seeking
appointment of a Sole Arbitrator for adjudication of the
disputes arising out of their respective JDAs.


5. The learned counsel for the petitioners submits that,
though the arbitration clause contained in the respective
JDAs provides for appointment of a panel of three
arbitrators and the prayer in the petitions is also to that
effect, having regard to the nature of the disputes, a
common Sole Arbitrator may be appointed to adjudicate
upon the disputes between the parties.


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


7. Having regard to the existence of the arbitration
clause contained in the JDAs, which provides for resolution
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 9 -
HC-KAR
NC: 2026:KHC:61536
CMP No. 548 of 2026
C/W CMP No. 544 of 2026
CMP No. 546 of 2026
AND 1 OTHER


CNR: KAHC010652202026


of disputes arising between the parties, and the fact that
the each of the petitioners have duly invoked the said
arbitration clause by issuing notices under Section 21 of
the Act, this Court is of the opinion that a common Sole
Arbitrator is required to be appointed for adjudication of
the disputes between the parties.


8. Accordingly, the following:
ORDER

a) Civil Miscellaneous Petitions are allowed .


b) Hon’ble Mr.Justice A.N.Venugopala Gowda,
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.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 10 -
HC-KAR
NC: 2026:KHC:61536
CMP No. 548 of 2026
C/W CMP No. 544 of 2026
CMP No. 546 of 2026
AND 1 OTHER


CNR: KAHC010652202026



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 Hon’ble
Mr.Justice A.N.Venugopala Gowda .


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 18.12.2026 at 11:30 a.m.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

(H.T. NARENDRA PRASAD)
JUDGE


DM
List No.: 1 Sl No.: 57