ORDER : 1. This Civil Miscellaneous petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for the appointment of an Arbitrator to resolve the disputes between the parties to the petition in terms of Clause 10.3 of the Agreement to Sell dated 23.08.2024 vide Annexure “B”. 2. Brief facts, leading rise to the filing of this petition are as follows. 3. The petitioners and respondents have entered into a Letter of Intent dated 26.07.2024 for the proposed purchase of the schedule property. The respondents informed the petitioners that the e-Khata was not available for the schedule property. The parties entered into an Agreement to sell on 23.08.2024 and agreed on the consideration for the conveyance of the schedule property in terms of the Letter of Intent. The petitioners got a loan sanctioned from their Banker. 4. When the matter stood thus, to the utter shock and surprise of the petitioner, the respondents' daughter, Ms. Geeta Rajamani, attempted to re-negotiate the sale consideration, despite the purchase consideration having already been agreed upon between the petitioners, and the respondents under the Letter of Intent, and the Agreement of Sale. 5. The petitioners learnt from the tenant, Mr. Radesh and the agent, that the new parties (not the owners), had visited the schedule property to view it. The agent sent an e-mail dated 10.02.2025 setting forth the next steps to execute and register the absolute Sale deed in accordance with the Letter of Intent and the Agreement. In response, the petitioners sent scanned copies of the demand drafts for the balance consideration, and confirmed their availability for the execution and registration of the absolute Sale deed, thereby establishing that the petitioners were ready and willing to come forward, and give effect to the sale, and purchase of the schedule property. 6. The respondents cancelled the Sale Agreement dated 23.08.2024 in terms of the letter dated 12.02.2025, and issued a cheque for a sum of Rs. 5,00,000/- in the name of the petitioners. 7. The petitioners invoked an arbitration clause by issuing an arbitration notice dated 18.03.2025 to the respondents, suggesting former Judge of the High Court of Karnataka as the Arbitrator. The respondents issued a reply dated 25.03.2025 proposing the name of Hon’ble Mr.Justice A.S.Bopanna, former Judge of the Hon’ble Supreme Court of India, as the Arbitrator. 7. The petitioners invoked an arbitration clause by issuing an arbitration notice dated 18.03.2025 to the respondents, suggesting former Judge of the High Court of Karnataka as the Arbitrator. The respondents issued a reply dated 25.03.2025 proposing the name of Hon’ble Mr.Justice A.S.Bopanna, former Judge of the Hon’ble Supreme Court of India, as the Arbitrator. The petitioners consented to the same vide reply notice dated 31.03.2025. However, till date the respondents have failed to take further steps for the appointment of an arbitrator, despite continuous follow up. Hence, this petition. 8. Heard the arguments of the learned counsel for the petitioners, and the learned counsel for the respondents. 9. The learned counsel for the petitioners submits that the petitioners and the respondents have entered into a Letter of Intent and Agreement to sell dated 26.07.2024 and 23.08.2024 respectively, agreeing to purchase the schedule property. The respondents unilaterally cancelled the Letter of Intent and agreement and issued a cheque for Rs. 5,00,000/- in the name of the petitioners. There is an arbitration clause in the Agreement to sell dated 23.08.2024, vide Annexure “B”. 10. The petitioners invoked an arbitration clause by issuing an arbitration notice on 18.03.2025. The respondents replied to the legal notice, but thereafter, failed to take up further steps for the appointment of an arbitrator. Hence, he prays to allow the petition. 11. Per contra, the learned counsel for the respondent No.1 submits no objection to allow the petition and nominate Hon'ble Sri.Justice A.S.Bopanna, former Judge of the Hon'ble Apex Court, as an arbitrator. 12. Perused the records, and considered the submissions of the learned counsel for the parties. 13. The point, that arises for consideration, in this petition is: “Whether the petitioners have made out a ground to refer the arbitral dispute to the arbitrator in terms of Clause 10.3 of the Agreement to sell dated 23.08.2024, vide Annexure “B” as per the provisions of the Arbitration and conciliation Act and Rules?” 14. There is no dispute regarding the execution of a Letter of Intent and the Agreement to sell dated 26.07.2024 and 23.08.2024 respectively, and it was agreed that the respondents shall execute a registered sale deed in favour of the petitioners in terms of Letter of Intent dated 26.07.2024. 15. There is no dispute regarding the execution of a Letter of Intent and the Agreement to sell dated 26.07.2024 and 23.08.2024 respectively, and it was agreed that the respondents shall execute a registered sale deed in favour of the petitioners in terms of Letter of Intent dated 26.07.2024. 15. The petitioners sent scanned copies of the demand drafts for the balance sale consideration amount and confirmed their availability for the execution of the registration of absolute sale deed. The respondents however unilaterally cancelled the sale agreement dated 23.08.2024, vide communication dated 12.02.2025, and enclosed a cheque for Rs. 5,00,000/- in the name of the petitioners. 16. As a dispute arose between the petitioners and the respondents, regarding the terms of the contract, this arbitrable dispute has to be settled through an arbitration as per Clause 10.3 of the sale agreement which reads as follows. “10.3 In the event of any dispute with regard to or under this agreement, or interpretation of any of the terms and conditions of this agreement, the same shall be referred to arbitration of a sole Arbitrator to be appointed by the Purchasers herein. Such arbitration proceedings shall be in English and as per the provisions of the Indian Arbitration and Conciliation Act, 1996. The seat of such Arbitration shall be at Bangalore. ” 17. On a perusal of the aforesaid clause, it is clear that in the event of any dispute regarding or under the agreement, the same shall be referred to arbitration by a sole Arbitrator to be appointed by the petitioners (purchasers). The petitioners invoked the said arbitration clause by issuing an arbitration notice under Section 21 of the Act on 18.03.2025. 18. The respondents replied to the arbitration notice, suggesting the name of Hon'ble Mr. Justice A.S. Bopanna, former Judge of the Hon’ble Supreme Court of India. Thereafter, the respondents failed to take further steps for the appointment of an arbitrator. As there is an arbitration clause in the sale agreement, and there is an arbitral dispute between the parties to the petition, the same must be resolved through an arbitrator. 19. In view of the above discussion, the petitioners have made out a ground to refer the matter to the sole Arbitrator for adjudication of the disputes between the parties to the petition. 19. In view of the above discussion, the petitioners have made out a ground to refer the matter to the sole Arbitrator for adjudication of the disputes between the parties to the petition. Hence, the point for consideration is answered in the affirmative, and I proceed to pass the following : ORDER : (i) This Civil Miscellaneous Petition is allowed . (ii) Hon’ble Mr.Justice A.S. Bopanna, former Judge of the Supreme Court of India, is nominated as the sole Arbitrator to resolve the disputes between the parties to the petition, in terms of Clause 10.3 of the Agreement of Sale dated 23.08.2024, vide Annexure “B” as per the provisions of the Arbitration and Conciliation Act, 1996 and the Rules. (iii) The Office is directed to communicate this order to the learned Arbitrator, and the Arbitration and Conciliation Centre, Bengaluru. (iv) The Office is directed to return the original documents to the petitioners, if any, after retaining a photocopy of the same. (v) In view of the disposal of the petition, pending interlocutory applications, if any, stand disposed of.