SC Appoints Sole Arbitrator for Shanders Dispute

Authority: Supreme Court of India (Civil Original Jurisdiction)

Order Date: 31 July 2026

Petitioner: Shri K. Rajesh, Indian national residing in Bellevue, Washington, USA.
Respondents: M/S Shanders Properties Private Limited (real‑estate developer) and Respondent Nos. 2‑5 (landowners), plus Respondent No. 6 (erstwhile developer).
Dispute Origin: Agreement to Sell dated 09‑02‑2013 for Flat No. 4D10 in “Shanders Dwellington”, Bangalore, with total sale consideration Rs 42,80,000 paid by petitioner in agreed milestones.
Developer Default: Failure to hand over possession or execute the sale deed by the contractual deadline (December 2015, grace period expired June 2016).
Petitioner Actions: Issued legal notice on 29‑02‑2024; invoked arbitration clause (Clause 20.2) on 13‑08‑2024, proposing Justice V. Jagannathan as arbitrator.
Respondent Reaction: Objected to arbitration and to the proposed arbitrator; amicable settlement failed.
Petition Filed: Arbitration Petition No. 43 of 2026 under Sections 11(5), 11(6), 11(9) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator.

The Court allowed the arbitration petition and appointed Shri Veeranna G. Tigadi, former District and Sessions Judge, Karnataka, as the sole arbitrator.
Seat and Venue: Bangalore, India, as stipulated in the arbitration agreement.
Remuneration: The arbitrator may fix his own fees/remuneration after consulting the parties.
Objections: All objections raised by both petitioner and respondents are left open to be urged before the arbitrator.
Pending Applications: Any pending interlocutory applications, if any, are stood closed.
Order Signature: Issued by the Chief Justice, Justice Joymalya Bagchi and Justice V. Mohana on 31‑07‑2026.

Topics: Arbitration, Real Estate Dispute