M Srinivasa Vs M/S Rsun Constructions

MS. CHINMAYIE SHREE S. D/O LATE M. SRINIVASA R/AT FLAT NO.203B, BLOCK R, SUN PALMS APARTMENTS SY.NO. 42 R. NARAYANAPURA RAMAGONDANAHALLI BENGALURU NORTH BENGALURU - 560 066.

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…PETITIONERS

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(BY SRI. MOHANA C., ADVOCATE)

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AND:

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M/S RSUN CONSTRUCTIONS A PARTNERSHIP FIRM HAVING

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NC: 2026:KHC:15190 CMP No. 818 of 2022

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HC-KAR

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ITS OFFICE AT SAI DHAMAM NO.563/Z, 'C' BLOCK AECS LAYOUT BROOKFIELD KUNDAIAHALLI BENGALURU - 560 037. REPRESENTED BY ITS MANAGING PARTNERS SRI. G.C. JAGANMOHAN AND OTHERS (RESPONDENTS 2 TO 5)

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SRI. G.C. JAGANMOHAN S/O G CHENNAKESHAVALU NAIDU NO.563/Z, 'C' BLOCK AECS LAYOUT BROOKFIELD KUNDAIAHALLI BENGALURU - 560 037.

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SRI. SUDHIR SALLAGUNDLA S/O LATE S L NAGABHUSHANAM NAIDU NO.563/Z, 'C' BLOCK AECS LAYOUT BROOKFIELD KUNDAIAHALLI BENGALURU - 560 037.

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SRI. CHITTARANJAN D. D/O D.V. CHALAPATHI RAO NO.563/Z, 'C' BLOCK AECS LAYOUT BROOKFIELD KUNDAIAHALLI BENGALURU - 560 037.

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SMT. T. JAYAPRDHA W/O P.N. LENIN PARBHU NO.563/Z, 'C' BLOCK AECS LAYOUT BROOKFIELD

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NC: 2026:KHC:15190 CMP No. 818 of 2022

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HC-KAR

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KUNDAIAHALLI BENGALURU - 560 037.

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RESPONDENTS HAVING THEIR ADDRESS ALSO AT NO.502 SHANTHINIKETHAN APARTMENTS PANTHUR ROAD BENGALURU - 560002

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AND ALSO AT NO.331 'B' BLOCK AECS LAYOUT BROOKFIELD KUNDAIAHALLI BENGALURU - 560037.

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…RESPONDENTS

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(V/O DATED 13.03.2026 NOTICE TO R1 TO R5 IS HELD SUFFICIENT)

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THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT SHRI BASAVARAJ S. SAPPANNAVAR, A RETIRED DISTRICT AND SESSIONS JUDGE AS THE SOLE ARBITRATOR TO ADJUDICATE UPON THE AFOREMENTIONED DISPUTES BETWEEN THE PETITIONERS AND THE RESPONDENTS IN AN ARBITRATION PROCEEDINGS IN ACCORDANCE WITH CLAUSE 17 OF THE JOINT DEVELOPMENT AGREEMENT DATED 23.03.2011 VIDE ANNEXURE 'A' AND REFER THE DISPUTES TO THE SAID SOLE ARBITRATOR AND ALSO PASS SUCH OTHER DIRECTIONS OR ORDERS AS THIS HON'BLE COURT MAY DEEM FIT TO PASS IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

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NC: 2026:KHC:15190 CMP No. 818 of 2022

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HC-KAR

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

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

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ORAL ORDER

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

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In this petition, the petitioners have sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Joint Development Agreement dated 23.03.2011 (Annexure-A) in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’).

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Having taken note of the submissions made by the learned counsel appearing for the petitioners and upon perusal of Clause 17 of the Joint Development Agreement, provides for arbitration

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5 - NC: 2026:KHC:15190 CMP No. 818 of 2022

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HC-KAR

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therefore, I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties.

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Accordingly, this petition under Section 11 (6) of the Act, 1996 is allowed. Sri. Bailur Shankar Rama, 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 (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre.

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