WP/18413/2026 of DEVELOPERS GROUP INDIA PRIVATE LIMITED Vs MSK SHELTERS on 1 July 2026

ORAL ORDER

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present writ petition under Article 226 of the Constitution of India has been filed with the following prayers:

"i. To direct all the relevant parties, including the parties to the instant proceedings, to approach the jurisdictional civil court to have the entirety of the disputes compositely adjudicated instead of proceedings with Arbiration Case No.211/2021, the mandate of which has in any case expired or;

ii. Alternatively, direct the Hon'ble Arbitral Tribunal (if the mandate of the Tribunal gets further extended under Section 29A of the Arbitration Act) to limit the scope of adjudication in Arbitration Case No.211/2021 to monetary claims/counter-claims between Respondents herein, So that potential inconsistent orders from multiple fora in respect of issues concerning

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title/ownership/transfer of the subject property or parts thereof are avoided, or;

iii. Alternatively, lay down any such other clarifications/directions/guidelines which will ensure that the parties and judicial for a concerned with the instant dispute have guidance on how to proceed forward in the matter, and

iv. pass such orders and further orders and or directions as this Hon'ble Court deem fit, proper and necessary in the interest of justice and equity."

2. The petitioner is a respondent in Arbitration Case No.211/2021, which is pending before the Sole Arbitrator, Justice A. Chandrashekar (Retd.). It appears that the statutory mandate of the Arbitrator has expired and the application is pending for extending of the mandate.

3. Mr. Dhyan Chinnappa, learned Senior Counsel appearing for Mr Prashant V G., learned counsel for the petitioner submits that the subject matter of the arbitration is land property measuring around acres situated at Chikkasagarahalli Village, Nandi Hobli, Chikkaballapura District. The said land property is the subject matter of several pending proceedings before the competent Civil Court. The submission is that the arbitration is not the appropriate forum to decide the

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disputes regarding the said property where several civil proceedings are pending in respect of the said property.

4. Learned Senior counsel places reliance on the judgment of the Supreme Court in Vidya Drolia and Others Vs. Durga Trading Corporation (2021) 2 SCC 1.

5. We have considered the submissions of the learned counsel for the parties.

6. Once parties have agreed under an agreement to invoke the arbitration in the event of differences or disputes arising between them under an agreement, all questions are to be decided by the Arbitral Tribunal. Whether the Arbitral Tribunal would be competent to decide the question has to be determined by the Arbitral Tribunal itself. This Court will not interfere with the power of the Arbitral Tribunal to decide whether a dispute is such that it can be decided by the Arbitral Tribunal or whether it cannot decide the dispute.

7. Be that as it may, as of today, there are no arbitration proceedings inasmuch as the mandate of the Arbitrator has expired and an application for the extension of

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this mandate is pending before the competent court. We, therefore, find no reason to interfere with the arbitral proceedings in this writ petition and accordingly the writ petition is dismissed. However, the petitioner may take recourse to any other remedy that may be available to him under the law, if so advised.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

RKA List No.: 2 Sl No.: 9