M/S Qvc Realty Developers Private Ltd v. Mr Sunil Kumar Roy

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 481 OF 2025 BETWEEN:

M/S QVC REALTY DEVELOPERS PRIVATE LTD PREVIOUSLY KNOWN AS M/S QVC REALTY CO PRIVATE LTD HAVING ITS REGISTERED OFFICE AT NO.619 ACERON TERVEZO FIRST FLOOR 17TH A CROSS, 6TH B MAIN INDIRANAGAR 2ND STAGE BANGALORE-560038 REP. BY ITS AUTHORIZED SIGNATORY MR G S SHIVAPRASAD. …PETITIONER (BY SRI.ANAGHA NARASIMHA C N, ADVOCATE FOR SRI. AJIT P B., ADVOCATE) AND:

1. MR. SUNIL KUMAR ROY S/O MR JAGDEEP RAY AGED ABOUT 49 YEARS

¶2MRS RANISWETA W/O MR SUNIL ROY AGED ABOUT 45 YEARS BOTH ARE R/AT NO.313 MAHAVEER PALMS KODICHIKKANAHALLI BENGALURU-560076 ALSO AT C-301, BELVEDERE OZONE URBANA

Location: HIGH COURT OF KARNATAKA

KANNAMGALA, DEVANAHALLI BANGLAORE-562110. …RESPONDENTS (SERVICE OF NOTICE TO R1 & R2 IS HELD SUFFICENT V/O DATED: 11.02.2026)

THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT ANY RETIRED JUDGE OF THIS HONBLE COURT OR ANY RETIRED DISTRICT JUDGE AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE ARISING OUT OF THE AGREEMENT TO SELL DATED 09.04.2014 (AS PER CLAUSE NO.16 OF PAGE NO.49 OF ANNEXURE D) AND THE CONSTRUCTION AND FACILITIES AGREEMENT DATED 09.04.2014 (AS PER CLAUSE NO.22 OF PAGE NO.77 OF ANNEXURE E) IN RESPECT OF THE CLAIMS AND CONTRA THAT MAY BE RAISED BY THE PETITIONER AND RESPONDENTS BEFORE THE KARNATAKA ARBITRATION CENTRE, BANGALORE TO SERVE THE INTEREST OF JUSTICE AND EQUITY

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER

¶1This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, "the Act"), seeking appointment of a Sole Arbitrator for adjudication of the disputes that have arisen between the petitioner and the respondent under an Agreement to Sell dated 09.04.2014, particularly in terms of Clause-22 thereof, produced at Annexure-E.

¶2The petitioner is a company registered under the Companies Act, 1956, engaged in the business of Real Estate and Property Development. The petitioner has developed a residential Villa project in different survey numbers of Angatta Village, Nandi Hobli, Chikkaballapura Taluk, under the name 'The Hills'. The respondents herein have approached the petitioner to get a Villa constructed thereon, and they have entered into an Agreement to Sell on 09.04.2014 and have agreed for payment of the entire amount of Rs.2,01,92,004/-. After handing over possession, as per the conditions of the Agreement of Sale, they have not paid the entire amount. They have only paid part of the said amount, and the remaining amount has not been paid.

¶3The Agreement to Sell contains an arbitration clause, namely, Clause-22, which reads as under: "22. ARBITRATION:

In the event of breach of the terms of this Agreement or in the event of any differences or disputes arising between the parties in regard to this Agreement or any matter relating thereto, such dispute shall be referred to a sole arbitrator or in case of disagreement as to the appointment of the sole arbitrator to three arbitrators, one of which will be appointed by the Developer, the second will be appointed by the Agreement Holder and the third (who will also be the Chairman of the arbitral panel) will be appointed by the two arbitrators appointed by the disputing Parties. The arbitration proceedings shall be conducted in accordance with the (Indian) Arbitration and Conciliation Act, 1996 and the language of arbitration shall be English. The venue of arbitration shall be in Bangalore, India."

¶4Since disputes arose between the parties and there is a mechanism for redressal of such disputes by way of arbitration, the petitioner issued a notice dated

27.03.2025, vide Annexure-L, to the respondent in terms of Section 21 of the Act, invoking the arbitration clause. The same has been served and acknowledgment has been produced as Annexure-N. Despite service of the said

notice, the respondent did not furnish any response. Hence, the petitioner has filed the present petition.

¶5Notice issued by this Court has been duly served upon the respondent. Despite service of notice, none appears on behalf of the respondent. Hence, the service of notice to respondents are held sufficient on 11.02.2026.

¶6In view of the above, and having regard to the existence of the arbitration clause contained in the Agreement to Sell, this Court is of the opinion that a Sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed.

b) Hon'ble Mr.Justice A.N.Venugopala Gowda, Former Judge, High Court of Karnataka, is appointed as the Sole Arbitrator in the present case to arbitrate the disputes between the parties at the Arbitration and Conciliation

Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre.

c) All the claims and contentions of the parties are kept open.

d) Registry is directed to communicate this order via E-mail to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, and also to the Hon'ble Mr.Justice A.N.Venugopala Gowda, Former Judge, High Court of Karnataka.

e) Registry is directed to return all the original documents produced by any of the parties after obtaining Photostat copies of the same.

f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 05.10.2026 at 11:30 a.m.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

HA LIST NO.: 1 SL NO.: 20