SMT. G RANI vs M/S KINGSTON VENTURES INDIA PRIVATE LIMITED
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61809
CMP No. 318 of 2026
CNR: KAHC010428952026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
CIVIL MISC. PETITION NO. 318 OF 2026
BETWEEN:
1. SMT. G RANI
D/O LATE D. GOPAL
AGED ABOUT 52 YEARS
TH
R/AT 55, 14 MAIN ROAD
NANJAPPA LAYOUT, VRUSHABHAVATHI
NAGARA KAMAKSHIPALYA
BENGALURU-560079.
2. MR. KIRAN V
S/O LATE B.K. VENKATESH
AGED ABOUT 35 YEARS
ND
R/AT 2/2, 2 MAIN ROAD
NEAR DEVAIAH PARK, MARUTHI EXTN
BANGALORE, SRIRAMPURAM-560021.
…PETITIONERS
(BY SRI. JOHNSON J., ADVOCATE)
AND:
1. M/S KINGSTON VENTURES INDIA PRIVATE LIMITED
INDIA PRIVATE LIMITED
REP. BY ITS DIRECTOR,
OFFICE AT SY 12, PR NO. 18.19
SANNATHAMMANAHALLI VILLAGE
DEVASANDRA, BENGALURU-560036
PH 6363575055/900688484.
2. SMT. SAROJA
AGED ABOUT 71 YEARS
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:61809
CMP No. 318 of 2026
CNR: KAHC010428952026
W/O LATE. D. GOPAL
AADHAR NO. 6014 2385 8887
3. SRI. G. MOHAN
AGED ABOUT 49 YEARS
S/O LATE. D. GOPAL
AADHAR NO. 4849 6487 7076.
4. MISS. BHOOMIKA
AGED ABOUT 23 YEARS
D/O G. MOHAN
AADHAR NO. 8951 0118 9161
5. SRI. HEMANTH
AGED ABOUT 20 YEARS
S/O G. MOHAN
AADHAR NO. 4310 0701 5652
6. SMT. G. KALPANA
AGED ABOUT 43 YEARS
D/O LATE. D. GOPAL
AADHAR NO. 4518 7113 7628
7. SMT. MANJULA
AGED ABOUT 60 YEARS
W/O LATE. B. K. VENKATESH
AADHAR NO. 2629 8973 2578.
8. SRI SANDEEP. A
AGED ABOUT 31 YEARS
S/O LATE. VIJAYA AND LATE. ANNAIAPPA
AADHAR NO. 5344 1700 0075
9. SRI. SANJAY. A
AGED ABOUT 29 YEARS
S/O LATE. VIJAYA AND LATE. ANNAIAPPA
AADHAR NO. 6051 2290 6147
10. SRI. SUBRAMANI
AGED ABOUT 54 YEARS
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:61809
CMP No. 318 of 2026
CNR: KAHC010428952026
S/O LATE. KANNAPPA
AADHAR NO. 9451 7653 2615
11. SRI. MANJUNATH. S
AGED ABOUT 31 YEARS
S/O SRI. SUBRAMANI
AADHAR NO. 9960 8389 4736
12. SMT. S. KAVYA
AGED ABOUT 33 YEARS
D/O SRI. SUBRAMANI
AADHAR NO. 9257 9130 2897
13. SMT. SAROJA
AGED ABOUT 53 YEARS
D/O LATE. KANNAPPA
AADHAR NO. 5865 2267 7647
14. SMT. PREMA
AGED ABOUT 52 YEARS
D/O LATE. KANNAPPA
AADHAR NO. 6042 3079 7991
15. SMT. JAYAMMA
AGED ABOUT 51 YEARS
D/O LATE. KANNAPPA
AADHAR NO. 4061 1045 6237
16. SMT. SHASHIKALA
AGED ABOUT 49 YEARS
D/O LATE. KANNAPPA
AADHAR NO. 6443 7280 8297
17. SMT. SHANTA
AGED ABOUT 45 YEARS
D/O LATE. KANNAPPA
AADHAR NO. 7245 3977 0368
R2 R17 ARE RESIDING AT
KASAVANAHALLI VILLAGE
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:61809
CMP No. 318 of 2026
CNR: KAHC010428952026
CARMELARM POST
BENGALURU EAST-560035.
RESPONDENTS
(BY SRI.R1 TO R17 ARE SERVED AND UNREPRESENTED)
THIS CMP IS FILED UNDER SECTION 11(5) AND 11(6) OF
ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO
APPOINT ARBITRATOR UNDER SEC.11(5) AND 11(6) OF A AND
C ACT, 1996, TO ADJUDICATE THE DISPUTE RAISED BY THE
PETITIONERS AGAINST THE RESPONDENTS UNDER THE
AGREEMENT DATED 21.06.2024, (CLAUSE 13 OF STATUTORY
PROHIBITION) PRODUCED AT ANNEXURE - A, IN 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
ORAL ORDER
1. This petition is filed under Section 11(5) and (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 Agreement to Sell dated 21.06.2024,
particularly in terms of Arbitration Clause-13 thereof,
produced at Annexure-A.
2. The brief facts of the case are that petitioners are the
absolute owners of petition schedule property. Respondent
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:61809
CMP No. 318 of 2026
CNR: KAHC010428952026
No.1 is the private limited company carrying on business
in the field of real estate development. The respondent
No.1 approached the petitioners expressing its intention to
purchase the schedule property. Thereafter, the parties
entered into an Agreement to Sell dated 21.06.2024 for a
sale consideration of Rs.4,18,00,000/- (Annexure-A).
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 02.06.2026 vide
Annexure-B, to the respondent under Section 21 of the
Act. The said arbitration clause 13 reads as under:
“In the event of any dispute of difference arising in
relation to this agreement, its interpretation,
performance or any other matter, the same shall be
decided by mutual discussion between the parties.
Either of the parties shall be entitled to raise such
question in writing in a letter addressed to the other
party and the parties' representatives shall meet and
use good faith efforts to resolve such dispute or
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:61809
CMP No. 318 of 2026
CNR: KAHC010428952026
differences within a week of either of the parties
raising a dispute.
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 his arbitrators (one to be appointed by
First party, the other by second party and third by
the two arbitrators) in accordance with the provisions
of the arbitration and conciliation act, 1996 or any
re-enactment or modification thereof 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 writing. It is however
clarified the work will not stop, pending the
arbitration process.
Any disputes between the parties hereto shall be
subject to jurisdiction of courts at Bangalore city. ”
4. Despite service of the said notice, the respondents
did not furnish any response. Hence, 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:61809
CMP No. 318 of 2026
CNR: KAHC010428952026
5. Notice issued by this Court has been duly served
upon the respondent. 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.H.Mallappa, 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
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:61809
CMP No. 318 of 2026
CNR: KAHC010428952026
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.
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.: 3