ORDER : 1. The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner-Suraj Homes Private Limited against the respondent-Mr.G.Venkatarayappa seeking an appointment of an Arbitrator in pursuance of Clause 32 of the Joint Development Agreement vide Annexure-D dated 10.04.2006. 2. Clause–32 of the Joint Development Agreement, which is an Arbitration clause reads as under:- “32. 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, the same shall be referred to and settled by Arbitration by a sole Arbitrator appointed mutually by both parties, under the Provisions of the Indian Arbitration and Conciliation Act, 1996 or by each disputing party nominating an arbitrator of their choice and the Arbitrators so appointed will jointly appoint a third arbitrator. The language of Arbitration shall be in English and the venue of Arbitration shall be in Bangalore, State of Karnataka, India. The award of the Arbitrators shall be final and binding on both parties." 3. It is submitted that the requisite notice of request for reference to arbitration was given by the petitioner to the respondent vide Annexure-V dated 20.02.2014. Subsequently, the parties have somehow failed to mutually agree for the appointment of the Sole Arbitrator in the present case. Hence, the petitioner is before this Court by way of this petition to appoint the Sole Arbitrator to resolve their disputes. 4. Learned counsel for the petitioner submits that the stamp duty and penalty payable on the Joint Development Agreement dated 10.04.2006 at Annexure-D has been paid by the petitioner pursuant to the order dated 13.02.2020 passed by this Court. The letter addressed to this Court by the District Registrar confirms the said payment made by the petitioner. 5. In view of the aforesaid facts and circumstances coupled with the submissions made by the learned counsel from both sides, since the Arbitration clause exists in the aforesaid Joint Development Agreement entered into between the parties and an arbitrable dispute also exists, this Court is of the opinion that the present petition deserves to be allowed under Section 11 of the Act and an independent Arbitrator deserves to be appointed. 6. 6. Both the learned counsel have fairly agreed to the appointment of Sri.Anand Byrareddy, retired Judge of this Court, No.776, 12th Cross (Double Road), Indiranagar 2nd Stage, Bengaluru -560 038 to act as the Sole Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996. 7. Accordingly, this petition under Section 11 of the Act, 1996 is disposed of by appointing Sri.Anand Byrareddy, retired Judge of this Court to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case at the address mentioned above. (i) All claims and contentions of any of the parties including jurisdiction, limitation, etc., are left/kept open to be decided by the Arbitral Tribunal. (ii) A copy of this order be sent forthwith to the aforesaid Sole Arbitrator, Sri.Anand Byrareddy, retired Judge of this Court for proceeding further in the matter. (iii) Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.