- 1 - NC: 2025:KHC:2190 CMP No. 532 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO.532 OF 2022 BETWEEN: 1. MR.ALAN STEPHENSON SON OF MR.MERVYN ARTHUR AGED ABOUT 61 YEARS RESIDING AT NO.105 WOODSTOCK ROAD FINSBURY PARK LONDON, N4 3EU UNITED KINGDOM 2. MRS.PAMELA STEPHENSON RESIDING AT NO.170 5TH CROSS, KANAKADASA LAYOUT LINGARAJAPURAM BENGALURU - 560084 …PETITIONERS (BY SRI. RAVI RAGHAVAN, ADVOCATE) AND: MR.J.XAVIER SON OF MR.JAYARAJAN AGED ABOUT 53 YEARS NO.1, 3RD CROSS KIRTHI LAYOUT KAMMANAHALLI BENGALURU - 560084 …RESPONDENT (BY SRI. S R RAVIPRAKASH, ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2190 CMP No. 532 of 2022 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO APPOINT HONBLE JUSTICE SRI.SUBHASH B ADI, RETD. JUDGE OF THIS HON'BLE COURT HAVING HIS ADDRESS AT 94/A, 9TH CROSS, 10TH MAIN, R.M.V. EXTENSION, SADHASHIVANAGAR, BENGALURU - 560080, AS THE SOLE ARBITRATOR IN TERMS OF CLAUSE 15 OF THE SAID DEED OF PARTNERSHIP DATED 20.09.2014 (ANNEXURE-A) TO RESOLVE THE DISPUTES THAT HAVE ARISEN AND ALSO PASS SUCH OTHER DIRECTIONS OR ORDERS AS THIS HON'BLE COURT MAY DEEM FIT AND NECESSARY IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE, PARITY AND GOOD CONSCIENCE AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The respondent's counsel has raised primary objection in regard to maintainability of the Civil Miscellaneous Petition on the ground that the dispute relates to arbitration is an International Commercial Arbitration and therefore, the petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act') is not maintainable before this Court. - 3 - NC: 2025:KHC:2190 CMP No. 532 of 2022 2. The said proposition is not seriously disputed by the learned counsel for the petitioner, who has filed vakalath today. 3. Having perused Section 21(1)(f) of the 'Act', the petitioner could not have maintained a Civil Miscellaneous Petition under Section 11(6) of the '1996 Act'. It is quite unfortunate to note that this petition is pending since 2022. Bearing in mind the rights of the parties, the petition is disposed off as not maintainable. However, liberty is reserved to the petitioners to avail remedy in the manner known to law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 1