Anex Realty Services Pvt Ltd v. Sobha Limited

NC:(2026:KHC:16378( CMP(No.(587(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

RDDATED(THIS(THE(23 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(E.S.INDIRESH( CIVIL(MISC.(PETITION(NO.(587(OF(2025( BETWEEN:(( (

ANEX,REALTY,SERVICES,PVT.,LTD., (FORMERLY,KNOWN,AS,, M/S.,TRESPECT,INDIA,PRIVATE,LIMITED),,

THROUGH,ITS,AUTHORIZED,SIGNATORY,, MR.,AMIT,KUMAR,JHA,, HAVING,ITS,REGISTERED,OFFICE,AT,1002,,,

TH10 ,FLOOR,,B,WING,,, ONE,BKC,,G,BLOCK,BANDRA,, KURLA,COMPLEX,,, MUMBAI,-,400,051,, , ALSO,THE,REGIONAL,OFFICE,AT, MUNICIPAL,KATHA,NO.458,,, MILLENIUM,TOWER,, KUNDALAHALLI,VILLAGE,,K.R.,PURAM,,, BENGALURU,-,560,037., Digitallytisignedtiby …PETITIONER,CHAYA0S0A Location:0H IGH (BY,SMT.,A.,KUNDAVAI,,ADVOCATE,FOR, COURT0OF ,,,,,,SRI.,S.,VIVEKANANDA,,ADVOCATE),KARNATAKA ( AND:( ( SOBHA,LIMITED, HAVING,THEIR,REGISTERED,OFFICE,AT,SOBHA,, SARJAPUR-MARATHABALLI,,, OUTER,RING,ROAD,(ORR),,, DEVARABISANAHALLI,,BELLANDUR,POST,,, BENGALURU,-,560,103, , DULY,REPRESENTED,BY,ITS,MANAGING,DIRECTOR,, NC:(2026:KHC:16378( CMP(No.(587(of(2025( ( , ,,HC-KAR( ( ( MR.,JAGADISH,NANGINENI., …RESPONDENT, (BY,SRI.,P.S.,RAJAGOPAL,,SENIOR,COUNSEL,FOR, ,,,,,,SRI.,H.,MUJTABA,,ADVOCATE), , THIS, CMP, IS, FILED, UNDER, SECTION, 11(5), OF, ARBITRATION, AND, CONCILIATION, ACT,, 1996,, PRAYING, TO, CONFIRM,THE,APPOINTMENT,OF,MR.,PRAKASH,RAO,JADHAV-, ADVOCATE, BENGALURU,, KARNATAKA, UNDER, THE, AGES, OF, THE,ARBITRATION,CENTRE,-,KARNATAKA,WITHIN,(DOMESTIC, AND, INTERNATIONAL), BENGALURU, AS, THE, LD., SOLE, ARBITRATOR, OR, ANY, OTHER, SUITABLE, PERSON, FOR, ADJUDICATION,OF,CLAIMS,OF,PARTIES,AS,PER,CLAUSE,25,OF, THE,AGREEMENT,DATED,10.06.2020,AS,PER,ANNEXURE,-,A.,, , THIS,PETITION,COMING,ON,FOR,ADMISSION,,THIS,DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, ,HON'BLE,MR.,JUSTICE,E.S.INDIRESH, , ORAL(ORDER( Heard,the,learned,counsels,appearing,for,the,parties.,

2., In, this, Petition,, the, petitioner, is, seeking, appointment, of, an, Arbitrator,, as, per, Clause-25,, of, the, Channel, Partner, Agreement, dated, 10.06.2020, (Annexure-A).,,

¶3Learned counsel appearing for the petitioner invited the attention of the Court to the Legal Notice dated

01.04.2025 (Annexure-L) and submitted that, appointment of an Arbitrator is necessitated for resolution of the dispute between the parties.

¶4Per contra, Sri. P.S. Rajagopal, learned Senior Counsel appearing on behalf of Sri. H. Mujtaba, learned counsel appearing for the respondent invited the attention of the Court to Clause-25 of the agreement at Annexure-A and submitted that, the said clause provides for amicable settlement between the parties at the initial stage and in the event, if the same is not resolved, then the petitioner can approach this Court by invoking Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act). Accordingly, sought for dismissal of the petition.

¶5In the light of the submissions made by the learned counsel appearing for the parties and on careful examination of Clause-25 of the agreement at Annexure-A, it is observed that the condition precedent for invoking

Section 11 of the Act is an amicable settlement between the parties as to the dispute arisen between them. In the event, if such a settlement is not arrived by the parties, then it is open for the aggrieved parties to approach this Court by invoking Section 11 of the Act.

¶6In that view of the matter, as a condition precedent has been made in the Clause-25 of the agreement itself for amicable settlement between the parties at the initial stage, I am of the view that invoking Section 11 of the Act by the petitioner is premature.

¶7Accordingly, the Writ Petition is disposed of, reserving liberty to the parties for resolution of the dispute in terms of Clause-25 of the agreement, I am of the view that, at this stage, appointment of an Arbitrator cannot be made by following judgment of this Court in the case of Sobha Limited Vs. Nava Vishwa Shashi Vijaya Krishna Properties Ltd., reported in 2022 SCC Online Kar 1708.

¶8All contentions of the parties are kept open.

¶9Registry is directed to return the documents produced by the petitioner.

SD/- (E.S.INDIRESH) JUDGE

KLV List No.: 1 Sl No.: 30