Disposed¶44

M/S Champion Infratech Pvt. Ltd. v. M/S Lg Builders and Developers Pvt. Ltd.

Karnataka HC17 Mar 2026CMP/463/2024

Case brief

AI extract

What is this about?

Section 11(5) Arbitration and Conciliation Act 1996; appointment of sole arbitrator; Clause-22 arbitration clause; Joint Development Agreement dated 03.02.2015; Document No. 6397/2014-15; Champion Infratech Pvt. Ltd.; LG Builders and Developers Pvt. Ltd.; B.M. Sundaresh; B.M. Govardhan Murthy; High Court of Karnataka; CMP No. 463 of 2024; Justice E.S. Indiresh; Justice U.M. Adiga designated arbitrator; Arbitration and Conciliation Centre Bengaluru; O.S.No.9/2008 Chikkaballapur; quashed sale deeds; petition disposed of.

What did the court decide?

Appointment of Hon'ble Shri Justice U.M. Adiga, former Judge, High Court of Karnataka, as Sole Arbitrator in the Arbitration and Conciliation Centre, Bengaluru, in terms of the petition under Section 11(5) of the Arbitration and Conciliation Act, 1996. ¶44

M/S Champion Infratech Pvt. Ltd. Vs M/S Lg Builders and… — Arbitration | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an Arbitrator should be appointed based on Clause-22 of the Joint Development Agreement dated 03.02.2015, as sought by the petitioner. +1 more

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Court's answer

Having regard to the grievance raised by the petitioner under Clause-22 of the Joint Development Agreement dated 03.02.2015, appointment of an Arbitrator is necessitated.

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Ratio / Principle

Hon'ble Shri Justice U.M. Adiga, former Judge, High Court of Karnataka, is appointed to act as Sole Arbitrator in the Arbitration and Conciliation Centre, Bengaluru, as per the extant Rules.

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Key takeaways

All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.ratio¶36
The parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 16.04.2026 at 11.00 a.m. to enable the learned Arbitrator to take further action.ratio¶42

Detailed headnote1 paragraphs

Civil Miscellaneous Petition No. 463 of 2024 under Section 11(5) of the Arbitration and Conciliation Act, 1996, filed by M/s Champion Infratech Pvt. Ltd. seeking appointment of a sole arbitrator to adjudicate disputes arising out of a Joint Development Agreement dated 03.02.2015, registered as Document No. 6397/2014-15, in terms of Clause-22 of that agreement. Respondent No.3 opposed the appointment, citing that the Sale Deeds made in favour of the petitioner were quashed by judgment and decree dated 02.08.2019 (Annexure-R3) in O.S.No.9/2008 before the Principal Civil Judge and JMFC, Chikkaballapur, and contending that a major portion of the agreement had already been complied with. The Court held that appointment of an Arbitrator was necessitated and appointed Hon'ble Shri Justice U.M. Adiga, former Judge, High Court of Karnataka, as Sole Arbitrator at the Arbitration and Conciliation Centre, Bengaluru, as per the extant Rules; all claims and contentions of the parties were kept open to be decided by the Arbitral Tribunal; the parties were directed to appear before the Centre on 16.04.2026 at 11.00 a.m.; and the Civil Miscellaneous Petition was disposed of.

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NC: 2026:KHC:15752 CMP No. 463 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO. 463 OF 2024 BETWEEN:

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M/S. CHAMPION INFRATECH PVT. LTD., REGISTERED OFFICE AT NO.L32, J S TOWER, 2^ND MAIN ROAD, HSR LAYOUT, 6^TH SECTOR, OUTER RING ROAD, BENGALURU - 560 102. REP. BY ITS DIRECTOR, MRS. PRADEEP PATIL.

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…PETITIONER

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(BY SRI. AJIT P.B., ADVOCATE)

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AND:

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M/S LG BUILDERS AND DEVELOPERS PVT. LTD., REGISTERED OFFICE AT NO.42/1782, 1783/1804, Digitally signed by CHAYA S A 1^ST STAGE, 5^TH BLOCK, Location: HIGH 15^TH MAIN, H.B.R LAYOUT, COURT OF KARNATAKA BENGALURU - 560 043, REPRESENTED BY ITS MANAGING DIRECTOR, MR. B.M. SUNDARESH.

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ALSO AT LG LAKE DEW, BELISHIVALE, DODDAGUBBI POST, BANGALORE - 562 149.

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MR. B.M. SUNDARESH, S/O LATE MUDDANNA,

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NC: 2026:KHC:15752 CMP No. 463 of 2024

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HC-KAR

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MAJOR, RESIDING AT NO.96, BILESHIVALE, SHIVARAM KARANTH NAGAR POST, BENGALURU EAST - 560 077.

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MR. B.M. GOVARDHAN MURTHY, S/O LATE MUDDANNA, MAJOR, RA/T NO.96, BILISHIVALE, SHIVARAM KARANTH NAGAR POST, BENGALURU EAST- 560 077.

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…RESPONDENTS

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(BY SMT. JYOTHI S.K., ADVOCATE FOR R1 AND R2; SRI. KUMARA, ADVOCATE FOR R3)

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING THAT THIS HON'BLE COURT BE PLEASED TO APPOINT ANY RETIRED JUDGE OF THIS HON'BLE COURT OR ANY RETIRED DISTRICT JUDGE, AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE ARISING OUT OF THE JOINT DEVELOPMENT AGREEMENT DATED 03.02.2015, REGISTERED AS DOCUMENT NO. 6397/2014-15, OR ANY MATTER CONNECTED THEREWITH, (ANNEXURE-A) PAGE NO.41 PARA NO.22 AND THE CLAIMS AND CONTRA RAISED BY THE PETITIONER AND 1^ST RESPONDENT AS PER THE CLAUSE-22 OF THE JOINT DEVELOPMENT AGREEMENT DATED 03.02.2015 BEFORE THE KARNATAKA ARBITRATION CENTRE, BANGALORE AND ETC.

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

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NC: 2026:KHC:15752 CMP No. 463 of 2024

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HC-KAR

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

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ORAL ORDER

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Heard the learned counsel appearing for the parties.

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In this Petition, the petitioner is seeking appointment of an Arbitrator based on Clause-22 of the Joint Development Agreement dated 03.02.2015 (Annexure-A).

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Learned counsel appearing for the respondent No.3 invited the attention of the Court to the proceedings in O.S.No.9/2008 on the file of the Principal Civil Judge and JMFC., Chikkaballapur, wherein the Sale Deeds made in favour of the petitioner has been quashed by judgment and decree dated 02.08.2019 (Annexure-R3) and also it is contended by the learned counsel appearing for the respondent No.3 that major portion of the agreement in question seeking appointment of the Arbitrator has been complied with by the respondent No.3 and therefore, it is argued that at this stage, appointment of an Arbitrator is not called for.

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4 - NC: 2026:KHC:15752 CMP No. 463 of 2024

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HC-KAR

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Having taken note of the submissions made by

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the learned counsels appearing for the parties and also particularly looking into the grievance raised by the petitioner in terms of Clause-22 of the Joint Development Agreement dated 03.02.2015 (Annexure-A), I am of the view that, appointment of an Arbitrator is necessitated.

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Therefore, Hon'ble Shri Justice U.M. Adiga, former Judge, High Court of Karnataka is appointed to act as a Sole Arbitrator in the Arbitration and Conciliation Centre, Bengaluru as per the extant Rules.

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

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

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

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5 - NC: 2026:KHC:15752 CMP No. 463 of 2024

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HC-KAR

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Since the parties are represented through their

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learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 16.04.2026 at 11.00 a.m. to enable the learned Arbitrator

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to take further action in the matter.

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Accordingly, Civil Miscellaneous Petition is disposed

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of.

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SD/(E.S.INDIRESH) JUDGE

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KLV List No.: 1 Sl No.: 31

M/S Champion Infratech Pvt. Ltd. v. M/S Lg Builders and Developers Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S Champion Infratech Pvt. Ltd. v. M/S Lg Builders and Developers Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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