Mr Rosh M Alex Vs Mrs Lakshmi Devi B R

MR ROSH M ALEX AGED ABOUT 41 YEARS, S/O SHAJI M ALEX, R/O NO. 35, DACOSTA SQUARE, 2^ND CROSS, COOKE TOWN BANGALORE NORTH, ST. THOMAS TOWN, BANGALORE - 560084.

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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MRS. CHITRALEKHA S AGED ABOUT 74 YEARS, W/O DR. R. SUBRAMANIAN R/O NO. 1313, 1^ST FLOOR, GOLDEN COLONY, 2^ND STREET, ANNANAGAR WEST EXTN., PADI, TIRUVALLUR - 600 050.

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(BY SRI. KRISHNA S VYAS., ADVOCATE)

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AND:

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…PETITIONERS

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MRS LAKSHMI DEVI B R W/O HANUMANTHARAYAPPA R/O 79, NANDI HOBLI, BALAKUNTAHALLI,

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CHIKKABALLAPUR, KARNATAKA - 561211.

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2 - NC: 2026:KHC:26151 CMP No. 425 of 2025

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HC-KAR

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MR. HANUMANTHARAYAPPA B M S/O LATE MAREGOWDA, R/O BALAKUNTAHALLI, CHIKKABALLAPUR, KARNATAKA - 561211.

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MR. PAWAN KUMAR B H S/O MR. HANUMANTHARAYAPPA B M R/O 79, NEAR ANJANEYA TEMPLE BALAKUNTAHALLI, CHIKKABALLAPUR, KARNATAKA - 561211.

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MS. CHAITRA B H D/O MR. HANUMANTHARAYAPPA B M R/O 79, BALAKUNTAHALLI, CHIKKABALLAPUR, KARNATAKA - 561211.

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…RESPONDENTS

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(BY SRI. MANJUNATHA C V., ADVOCATE FOR R1 TO R4)

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THIS CIVIL MISC. PETITION FILED UNDER SEC.11(5) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO EXERCISE ITS POWER UNDER SEC. 11 (5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT MR. SUDHEER H. KORADDI, RETIRED PRINCIPAL DISTRICT AND SESSIONS JUDGE, PRESENTLY RESIDENT OF BANGALORE OR ANY OTHER APPROPRIATE PERSON FROM THE PANEL OF ARBITRATORS OF THE BANGALORE ARBITRATION CENTRE, AS THE SOLE ARBITRATOR TO ADJUDICATE THIS DISPUTE BETWEEN THE PARTIES, AS PER THE ARBITRATION AGREEMENT EXISTING BETWEEN THE PARTIES VIDE AGREEMENT OF SALE DATED 19.02.2022 AT ANNEXURE A ARBITATION CLAUSE 11.1.

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

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3 - NC: 2026:KHC:26151 CMP No. 425 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioners seek appointment of a sole arbitrator to enter reference of their dispute with the respondents, and the petitioners assert that they have a right to purchase an immovable property that is covered under the Agreement to Sell dated 19.02.2022 [ Annexure-A ]. The petitioners have also caused arbitration Notice dated 17.05.2025 [ Annexure-D ]. The respondents have not responded to such notice, and they remain absent in the present proceedings though represented by their learned counsel.

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Sri Krishna S. Vyas, the learned counsel for the petitioners, submits that the petitioners have invoked this Court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 because the respondents have refused to perform their part of the contract. The learned counsel also submits that

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4 -

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NC: 2026:KHC:26151 CMP No. 425 of 2025

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HC-KAR

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the petitioners have entered into a similar agreement with the vendors of an adjacent parcel of land who have refused to perform their part and that this Cout in CMP No.104/2023 has appointed a retired District Judge as the sole arbitrator to enter reference of the dispute at the Arbitration and Conciliation Center [Domestic and International] Bengaluru. In the circumstances, the following:

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ORDER

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[a] The petition is allowed.

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[b] Sri Bailur Shankar Rama, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioners and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the

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5 -

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NC: 2026:KHC:26151 CMP No. 425 of 2025

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HC-KAR

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Centre. All questions are left open for due consideration.

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[c] The Registry is directed to communicate this order [by e-mail ] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Sri.Bailur Shankar Rama, a retired District Judge, Address: Shri ‘Sai-Kunj’, No.19- 34/26A2, Tadambail, Surathkal Village, Mangaluru-575 014 [ e-mail id: [email protected]] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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[d] The submissions of the learned counsels that the addresses of the parties as mentioned in the cause title are also the current address of the parties is taken on record, and the parties are directed to

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6 - NC: 2026:KHC:26151 CMP No. 425 of 2025

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HC-KAR

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appear before the Director, Arbitration Centre, Bengaluru on 16.07.2026 at 11.30

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am.

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Sd/(B M SHYAM PRASAD) JUDGE

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SA Ct:sr

Mr Rosh M Alex v. Mrs Lakshmi Devi B R

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Mr Rosh M Alex v. Mrs Lakshmi Devi B R

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