[Cites 0, Cited by 0]
Karnataka High Court
Mrs.U.Anitha Reddy vs M/S Vijicon Properties on 9 March, 2026
-1-
NC: 2026:KHC:14016
CMP NO.131 OF 2023
C/W
CMP NO.76 OF 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
CIVIL MISCELLANEOUS PETITION NO.131 OF 2023
C/W
CIVIL MISCELLANEOUS PETITION NO.76 OF 2023
IN CMP No.131/2023
BETWEEN:
1. MRS. U. ANITHA REDDY
W/O U. YESHWARDHAN REDDY,
AGED ABOUT 38 YEARS,
R/AT NO.36, LAKESHORE HOMES,
KASAVANAHALLI, OFF. SARJAPUR ROAD,
BENGALURU - 560 035.
REP. BY HER G.P.A. HOLDER
MR. U. YESHWARDHAN REDDY.
2. MRS. M. PALLAVI REDDY
W/O M. RAJENDRA REDDY,
AGED ABOUT 35 YEARS,
R/AT NO.T-401, RED WOOD APARTMENTS,
Digitally signed HALASUR ROAD, OFF. SARJAPURA ROAD,
by CHAYA S A
BENGALURU - 560 012.
Location: HIGH
COURT OF
KARNATAKA 3. MRS. SUMA B.N.
W/O R. VENKATESH,
AGED ABOUT 44 YEARS,
R/AT NO.356, 3RD CROSS,
BEML LAYOUT, TUBARAHALLI,
WHITEFIELD POST,
BENGALURU - 560 066.
...PETITIONERS
(BY SRI. AJAY RAO, ADVOCATE)
-2-
NC: 2026:KHC:14016
CMP NO.131 OF 2023
C/W
CMP NO.76 OF 2023
HC-KAR
AND:
VIVANSAA BAALSAM
A PARTNERSHIP FIRM,
HAVING OFFICE AT: NO.88, 1ST FLOOR,
17TH CROSS, 14TH MAIN,
H.S.R. LAYOUT, SECTOR-IV,
BENGALURU - 560 102.
REP. BY ITS PARTNER
SRI. VIJAY OMPRAKASH.
...RESPONDENT
(V/O DATED 19.02.2026, SERVICE OF NOTICE TO
RESPONDENT IS HELD SUFFICIENT)
THIS CIVIL MISCELLANESOUS PETITION IS FILED UNDER
SECTION 11(5) OF THE ARBITRATION AND CONCILIATION
ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR IN
TERMS OF CLAUSE XVII(a) OF THE JOINT DEVELOPMENT
AGREEMENT DATED 16TH APRIL, 2014 VIDE ANNEXURE-A SO
AS TO ARBITRATE THE DISPUTES RAISED BY THE
PETITIONERS AGAINST THE RESPONDENT IS RESPECT OF
COMPLETION AND HANDING OVER POSSESSION OF OWNER'S
SHARE IN THE PROJECT.
IN CMP NO.76/2023
BETWEEN:
1. MRS. U. ANITHA REDDY
W/O U. YESHWARDHAN REDDY,
AGED ABOUT 38 YEARS,
R/AT NO.36, LAKESHORE HOMES,
KASAVANAHALLI, OFF. SARJAPUR ROAD,
BENGALURU - 560 035.
REP. BY HER G.P.A. HOLDER
MR. U. YESHWARDHAN REDDY.
2. MRS. M. PALLAVI REDDY
W/O M. RAJENDRA REDDY,
AGED ABOUT 35 YEARS,
R/AT NO.T-401, RED WOOD APARTMENTS,
HALASUR ROAD, OFF. SARJAPUR ROAD,
BENGALURU - 560 012.
-3-
NC: 2026:KHC:14016
CMP NO.131 OF 2023
C/W
CMP NO.76 OF 2023
HC-KAR
3. MR. U. YESHWARDHAN REDDY
S/O U.L. REDDY,
AGED ABOUT 38 YEARS,
R/AT NO.36, LAKESHORE HOMES,
KASAVANAHALLI, OFF SARJAPUR ROAD,
BENGALURU - 560 035.
...PETITIONERS
(BY SRI. AJAY RAO, ADVOCATE)
AND:
M/S. VIJICON PROPERTIES
A PARTNERSHIP FIRM,
HAVING OFFICE AT: NO.88, 1ST FLOOR,
17TH CROSS, 14TH MAIN,
H.S.R. LAYOUT, SECTOR-IV,
BENGALURU - 560 102.
REP. BY ITS MANAGING PARTNER,
MR. VIJAY AGARWAL.
ALSO AT: NO.302, WESTERN TOWER,
WAKAD,
PUNE - 411 057.
...RESPONDENT
(V/O DATED 19.02.2026, NOTICE TO RESPONDENT
IS HELD SUFFICIENT)
THIS CIVIL MISCELLANEOUS PETITION UNDER
SECTION 11(5) OF THE ARBITRATION AND CONCILIATION
ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR IN
TERMS OF CLAUSE XVII(a) OF THE JOINT DEVELOPMENT
AGREEMENT DATED 25TH SEPTEMBER, 2013 VIDE
ANNEXURE-A SO AS TO ARBITRATE THE DISPUTES
BETWEEN THE PARTIES.
THESE PETITIONS COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
-4-
NC: 2026:KHC:14016
CMP NO.131 OF 2023
C/W
CMP NO.76 OF 2023
HC-KAR
ORAL ORDER
These petitions are filed seeking an appointment of
Arbitrator in terms of the Arbitration clause available under the
respective Joint Development Agreements entered into between
the parties for resolution of disputes.
2. Heard Sri. Ajay Rao, learned counsel appearing for
petitioners. Notice to respondents is held sufficient.
3. On perusal of the petition papers, the same would
indicate that, the parties herein have entered into a Joint
Development Agreements, wherein there is a provision for
Dispute Resolution under Clause XVII(a). In that view of the
matter, I am of the view that, a Former Judge of this Hon'ble
Court be appointed as Arbitrator to resolve the dispute between
the parties.
4. Therefore, Hon'ble Mr. Justice C.M. Joshi, Former
Judge of this Court is appointed as an Arbitrator to resolve the
dispute between the parties in the Arbitration and Conciliation
Centre (Domestic and International), Bengaluru.
NC: 2026:KHC:14016
CMP NO.131 OF 2023
C/W
CMP NO.76 OF 2023
HC-KAR
5. In order to avoid further delay in the matter, the
petitioners are directed to appear before the Arbitration and
Conciliation Centre (Domestic and International), Bengaluru on
08th April, 2026.
6. All claims and contentions of the parties are kept
open to be decided by the Arbitral Tribunal.
7. A copy of this order be sent forthwith to the
Arbitration and Conciliation Centre (Domestic and
International), Khanija Bhavan, Bengaluru for proceeding
further in the matter.
8. Registry is directed to return the original documents
if any, produced by the parties, after obtaining photostat copy
of the same for the file.
Accordingly, Civil Miscellaneous Petitions are disposed
of.
SD/-
(E.S. INDIRESH)
JUDGE
ARK
List No.: 1 Sl No.:25
