Smt.S.K.Sujayakantha Vs M/S.Estellar Constructions Private Ltd.

SMT. S.K.SUJAYAKANTHA W/O LATE S MANCHAIAH AGED ABOUT 82 YEARS, RESIDING AT NO.1192, 35^TH 'B' CROSS, 27^TH MAIN, 4^TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560041.

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&PETITIONER

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(BY SMT. SINCHANA M.R., ADVOCATE)

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AND:

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M/S.ESTELLAR CONSTRUCTIONS PRIVATE LTD., ALSO KNWON AS SPSC ENGINEERING AND CONSTRUCTIONS LTD.

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Digitally signed by CONSTRUCTIONS LTD. CHAYA S A Location: HIGH HAVING ITS OFFICE AT COURT OF KARNATAKA BUILDING NO.16, M K MAPLE, 9^TH CROSS ROAD, HOYSALA NAGAR, INDIRANAGAR, BENGALURU - 560038. REPRESENTED BY ITS DIRECTORS, SRI. SATHISH KUMAR VENKATESAN. SRI. BRIJESHSRINIVAS YADAV.

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SRI. SATHSIH KUMAR VENKATESAN DIRECTOR,

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NC: 2026:KHC:21454 CMP No. 92 of 2025

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HC-KAR

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M/S ESTELLAR CONSTRUCTIONS PRIVATE LTD., NO.16, M K MAPLE, 9^TH CROSS ROAD, HOYSALA NAGAR, INDIRANAGAR, BENGALURU - 560038.

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SRI. BRIJESH SRINIVAS YADAV DIRECTOR M/S ESTELLAR CONSTRUCTIONS PRIVATE LTD., NO.16, M K MAPLE, 9^TH CROSS RAOD, HOYSALA NAGAR, INDIRANAGAR, BENGALURU - 560038.

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&RESPONDENTS

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(BY SRI. PRASHANTH KUMAR S.T., ADVOCATE FOR R1 & R2)

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THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH CLAUSE 2 OF THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT SCHEME, 1996, PRAYING TO APPOINTMENT OF A SOLE ARBITRATOR IN ACCORDANCE WITH CLAUSE 32 OF ANNEXURE A (PRINCIPAL JD AGREEMENT DATED 15.10.2021), AND CLAUSE 32 OF ANNEXURE-C (REGISTERED JD AGREEMENT DATED 02.12.2022),

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

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NC: 2026:KHC:21454 CMP No. 92 of 2025

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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 Smt. Sinchana M.R., learned counsel appearing for the petitioner and Sri. Prashanth Kumar S.T., learned counsel appearing for the respondents.

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It is argued by Smt. Sinchana M.R. learned counsel appearing for the petitioner by referring to Clause 32 of the Joint Development Agreement (Annexure-C), that for resolution of dispute between the parties is concerned, the appointment of

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an Arbitrator is necessitated and accordingly sought for interference of this Court.

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Per contra, Sri. Prashant Kumar S.T., learned counsel appearing for the respondents submitted that, an Application has been made before the competent Court under Section 9 of the Arbitration and Conciliation Act, 1996, and therefore, sought to oppose the appointment of the Arbitrator. In reply to the same, Smt. Sinchana M.R., learned counsel, submitted that, the petition under Section 9 of the Arbitration and Conciliation Act was filed seeking an order to restrain the

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NC: 2026:KHC:21454 CMP No. 92 of 2025

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HC-KAR

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respondent from alienating the land and further the said petition is disposed of by the competent Court.

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In that view of the matter since Clause 32 of the Joint Development Agreement (Annexure-C), dated 02.12.2022 provides for resolution of disputes between the parties through arbitration, I am of the view that, appointment of an Arbitrator is necessitated. Accordingly, Hon'ble Justice Shri. A.N. Venugopala Gowda, former Judge of this Court, is hereby appointed as the Arbitrator to resolve the disputes between the parties.

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Since parties are represented through their learned counsel, the parties are directed to appear before the Arbitration and Conciliation Centre, Race Course Road, Bengaluru, on 04.06.2026 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to dispose of the matter.

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The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Hon'ble Justice Shri. A.N. Venugopala Gowda, former Judge of this Court, forthwith.

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