Mrs U Anitha Reddy Vs Vivansaa Baalsam — Arbitration | Karnataka HC (2026)

Mrs U Anitha Reddy Vs Vivansaa Baalsam — Arbitration | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appointment of Hon'ble Mr. Justice C.M. Joshi, Former Judge of the Court, as Arbitrator to resolve the disputes between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru; petitioners directed to appear before the Centre on 08 April 2026; all claims and contentions left open to the Arbitral Tribunal; Civil Miscellaneous Petitions disposed of.

Issue for consideration

Whether an arbitrator should be appointed in terms of Clause XVII(a) of the respective Joint Development Agreements to resolve the disputes between the parties. +1 more

Court's answer

On perusal of the petition papers, the parties had entered into Joint Development Agreements containing a provision for Dispute Resolution under Clause XVII(a); in that view, the court decided that a Former Judge of the Court be appointed as Arbitrator to resolve the dispute between the parties.

Ratio / Principle

Hon'ble Mr. Justice C.M. Joshi, Former Judge of the Court, is appointed as Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

Key takeaways

To avoid further delay, the petitioners are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Bengaluru on 08 April 2026.obiter¶50
All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.obiter¶51

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — Section 11(5) — Appointment of arbitrator — Petitioners had entered into Joint Development Agreements dated 25.09.2013 (with M/s. Vijicon Properties) and 16.04.2014 (with Vivansaa Baalsam), each containing a Dispute Resolution provision under Clause XVII(a) — On perusal of petition papers, the High Court of Karnataka held that a Former Judge of the Court be appointed as Arbitrator and appointed Hon'ble Mr. Justice C.M. Joshi, Former Judge, as Arbitrator in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru — Petitioners directed to appear before the Centre on 08.04.2026 — All claims and contentions of the parties kept open to be decided by the Arbitral Tribunal — Notice on respondents held sufficient v/o 19.02.2026 — Civil Miscellaneous Petitions disposed of.

1 - NC: 2026:KHC:14016 CMP NO.131 OF 2023 C/W

CMP NO.76 OF 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 09^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.131 OF 2023

C/W

CIVIL MISCELLANEOUS PETITION NO.76 OF 2023

IN CMP No.131/2023

BETWEEN:

MRS. U. ANITHA REDDY W/O U. YESHWARDHAN REDDY, AGED ABOUT 38 YEARS, R/AT NO.36, LAKESHORE HOMES, KASAVANAHALLI, OFF. SARJAPUR ROAD, BENGALURU - 560 035. REP. BY HER G.P.A. HOLDER MR. U. YESHWARDHAN REDDY.

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

MRS. M. PALLAVI REDDY W/O M. RAJENDRA REDDY, AGED ABOUT 35 YEARS, R/AT NO.T-401, RED WOOD APARTMENTS, HALASUR ROAD, OFF. SARJAPURA ROAD, BENGALURU - 560 012.

MRS. SUMA B.N. W/O R. VENKATESH, AGED ABOUT 44 YEARS, R/AT NO.356, 3^RD CROSS, BEML LAYOUT, TUBARAHALLI, WHITEFIELD POST, BENGALURU - 560 066. …PETITIONERS (BY SRI. AJAY RAO, ADVOCATE)

2 -

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HC-KAR

AND:

VIVANSAA BAALSAM A PARTNERSHIP FIRM, HAVING OFFICE AT: NO.88, 1^ST FLOOR, 17^TH CROSS, 14^TH MAIN, H.S.R. LAYOUT, SECTOR-IV, BENGALURU - 560 102. REP. BY ITS PARTNER SRI. VIJAY OMPRAKASH.

…RESPONDENT

(V/O DATED 19.02.2026, SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT)

THIS CIVIL MISCELLANESOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF CLAUSE XVII(a) OF THE JOINT DEVELOPMENT AGREEMENT DATED 16^TH APRIL, 2014 VIDE ANNEXURE-A SO AS TO ARBITRATE THE DISPUTES RAISED BY THE PETITIONERS AGAINST THE RESPONDENT IS RESPECT OF COMPLETION AND HANDING OVER POSSESSION OF OWNER'S SHARE IN THE PROJECT.

IN CMP NO.76/2023

BETWEEN:

MRS. U. ANITHA REDDY W/O U. YESHWARDHAN REDDY, AGED ABOUT 38 YEARS, R/AT NO.36, LAKESHORE HOMES, KASAVANAHALLI, OFF. SARJAPUR ROAD, BENGALURU - 560 035. REP. BY HER G.P.A. HOLDER MR. U. YESHWARDHAN REDDY.

MRS. M. PALLAVI REDDY W/O M. RAJENDRA REDDY, AGED ABOUT 35 YEARS, R/AT NO.T-401, RED WOOD APARTMENTS, HALASUR ROAD, OFF. SARJAPUR ROAD, BENGALURU - 560 012.

3 - NC: 2026:KHC:14016 CMP NO.131 OF 2023

CMP NO.76 OF 2023

C/W

HC-KAR

MR. U. YESHWARDHAN REDDY S/O U.L. REDDY, AGED ABOUT 38 YEARS, R/AT NO.36, LAKESHORE HOMES, KASAVANAHALLI, OFF SARJAPUR ROAD, BENGALURU - 560 035.

...PETITIONERS

(BY SRI. AJAY RAO, ADVOCATE)

AND:

M/S. VIJICON PROPERTIES A PARTNERSHIP FIRM, HAVING OFFICE AT: NO.88, 1^ST FLOOR, 17^TH CROSS, 14^TH MAIN, H.S.R. LAYOUT, SECTOR-IV, BENGALURU - 560 102. REP. BY ITS MANAGING PARTNER, MR. VIJAY AGARWAL. ALSO AT: NO.302, WESTERN TOWER, WAKAD, PUNE - 411 057.

...RESPONDENT

(V/O DATED 19.02.2026, NOTICE TO RESPONDENT IS HELD SUFFICIENT)

THIS CIVIL MISCELLANEOUS PETITION UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR IN TERMS OF CLAUSE XVII(a) OF THE JOINT DEVELOPMENT AGREEMENT DATED 25^TH SEPTEMBER, 2013 VIDE ANNEXURE-A SO AS TO ARBITRATE THE DISPUTES BETWEEN THE PARTIES.

THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

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HC-KAR

ORAL ORDER

These petitions are filed seeking an appointment of Arbitrator in terms of the Arbitration clause available under the respective Joint Development Agreements entered into between the parties for resolution of disputes.

Heard Sri. Ajay Rao, learned counsel appearing for petitioners. Notice to respondents is held sufficient.

On perusal of the petition papers, the same would indicate that, the parties herein have entered into a Joint Development Agreements, wherein there is a provision for Dispute Resolution under Clause XVII(a). In that view of the matter, I am of the view that, a Former Judge of this Hon'ble Court be appointed as Arbitrator to resolve the dispute between the parties.

Therefore, Hon'ble Mr. Justice C.M. Joshi, Former Judge of this Court is appointed as an Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

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HC-KAR

In order to avoid further delay in the matter, the petitioners are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Bengaluru on 08^th April, 2026.

All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.

A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru for proceeding further in the matter.

Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file.

Accordingly, Civil Miscellaneous Petitions are disposed

of.

SD/(E.S. INDIRESH) JUDGE

ARK

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