M/S Anuradha Abraham Vs M/S Redifice Developers India Pvt. Ltd. — Arbitration | Karnataka HC (2026)

M/S Anuradha Abraham Vs M/S Redifice Developers India Pvt. Ltd. — Arbitration | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appointment of Sri. D R Venkatasudarshana, Retired District Judge, as Sole Arbitrator to enter upon the reference and adjudicate the disputes between the parties under the Joint Development Agreement dated 14.03.2016, with the arbitration to be conducted at the Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Centre; copy of the order to be sent to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru; Registry directed to return original documents after obtaining Photostat copies.

Issue for consideration

Whether a sole arbitrator ought to be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes that have arisen between the parties in relation to Clause 32 of the Joint Development Agreement dated 14.03.2016.

Court's answer

On taking note of the submissions of petitioners' counsel and upon perusal of Clause 32 of the Joint Development Agreement, the court was of the considered opinion that an Arbitrator is to be appointed to adjudicate the dispute between the parties.

Ratio / Principle

The petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 is allowed; Sri. D R Venkatasudarshana, Retired District Judge, is appointed to enter upon the reference and act as Sole Arbitrator, to conduct the arbitration at the Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Centre.

Key takeaways

All claims and contentions of any of the parties are left open to be decided by the Arbitral Tribunal.ratio¶38

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — S. 11(6) — appointment of sole arbitrator — Joint Development Agreement dated 14.03.2016, Clause 32 — petitioners Anuradha Abraham and Ors. v. Redifice Developers India Pvt Ltd — respondent served, unrepresented and absent at admission hearing — on perusal of Clause 32 of the Joint Development Agreement, court of the considered opinion that an arbitrator is to be appointed to adjudicate the dispute — Sri. D R Venkatasudarshana, Retired District Judge, appointed to enter upon the reference and act as Sole Arbitrator at the Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the Centre — all claims and contentions of the parties left open to be decided by the Arbitral Tribunal — Registry directed to return original documents after obtaining Photostat copies.

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NC: 2026:KHC:23363 CMP No. 240 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 240 OF 2025

BETWEEN:

M/S ANURADHA ABRAHAM W/O MR. ABRAHAM KARIMPANAL, R/A NO. 62/6, SUCHITRA APARTMENTS, COLES ROAD, FRAZER TOWN, BENGALURU 560005.

MRS. SUMAN KIRON RAO W/O MR. S.G. KIRON RAO, AGE 64 YEARS RESIDING AT 8621, ASHFORD LANE, PICKERINGTON, OHIO, 43147, USA.

MS. N.P ROSHINI RAO

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

(FORMERLY KNOWN AS MRS. ROSHNI M. SRINIVASAN), AGE 63 YEARS W/O MR. M. SRINIVASAN, RESIDING AT 1465, CHANNING AVENUE, PALO ALTO, CA 94301, USA.

…PETITIONERS

(BY SRI. MURALI A.,ADVOCATE)

AND:

M/S REDIFICE DEVELOPERS INDIA PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT

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NC: 2026:KHC:23363 CMP No. 240 of 2025

HC-KAR

NO. 2, SPENCER ROAD, FRAZER TOWN, BENSON TOWN, BENGALURU 560005. REPRESENTED BY ITS DIRECTOR MR. SALMAN KHALID PH- 96635 025001

…RESPONDENT

(SERVED UNREPRESENTED)

CMP FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A FIT AND PROPER PERSON AS THE SOLE ARBITRATOR IN TERMS OF CLAUSE 32 OF THE JOINT DEVELOPMENT AGREEMENT TO ADJUDICATE UPON AND DETERMINE THE DISPUTES/ DIFFERENCES BETWEEN THE PETITIONERS AND THE RESPONDENT ARISING OUT OF OR IN CONNECTION WITH THE JOINT DEVELOPMENT AGREEMENT DATED 14.03.2016 (ANNEXURE B)

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard learned counsel appearing for the petitioners. Respondent served, remained absent.

In this petition, the petitioners have sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in

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HC-KAR

relation to the Clause 32 of the Joint Development Agreement dated 14.03.2016 (Annexure-B), in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’).

Having taken note of the submissions made by the learned counsel appearing for the petitioners and upon perusal of Clause 32 of the Joint Development Agreement, I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties.

Accordingly, this petition under Section 11 (6) of the Act, 1996 is allowed. Sri. D R Venkatasudarshana, Retired District Judge, is

appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre,

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HC-KAR

Bengaluru, as per the Rules governing the said Arbitration Centre.

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

A copy of this order be sent forthwith to the Arbitration and Conciliation, Khanija Bhavan,

Bengaluru, for proceeding further in the matter.

Registry is directed to return all original documents produced by any of the parties if any, after

obtaining Photostat copies of the same.

SD/(E.S.INDIRESH) JUDGE

HR

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