- 1 - HC-KAR NC: 2025:KHC:19727 CMP No. 239 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 239 OF 2023 BETWEEN: MR. MOHAMMED YUNUS PARVEZ S/O. MOHAMMED ISMAIL, AGED ABOUT 42 YEARS, RESIDING AT NO. 777, A BLOCK, RAJARAJESHWARI BLOCK, BEHIND MOSQUE, HEBBAL, BANGALORE-560 024. …PETITIONER (BY SRI. HARSHITH C., ADVOCATE FOR SRI.MAHABALESHWAR CHITRIGEMATH.,ADVOCATE) AND: 1. NOOR AHMED S/O. N. M. NAFI, AGED ABOUT 40 YEARS, M/S. I GATE VENTURES LLP, REGISTERED OFFICE AT NO. 139, 1ST FLOOR, INFANTRY ROAD, BANGALORE-560 001. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19727 CMP No. 239 of 2023 2. TOBACO MOHAMMED MUSAVVIR S/O. T. M. KHALEEL, AGED ABOUT 44 YEARS, M/S. I GATE VENTURES LLP, REGISTERED OFFICE AT NO. 139, 1ST FLOOR, INFANTRY ROAD, BANGALORE-560 001. ALSO AT TOBACO MOHAMMED MUSAVVIR, NO.23, EX SERVICE MEN COLONY, R.T. NAGAR, BANGALORE-560 032. 3. SHAIK HIDAYATH ALI S/o B SHOWKAT ALI AGE MAJOR RESIDING AT No. 106 RAFFAL, 5TH A MAIN ROAD NEAR BDA COMPLEX, NARAYANAPPA BLOCK BENGALURU - 560 032. …RESPONDENTS (R1 TO R3 ARE SERVED) THIS CIVIL MISC. PETITION UNDER SEC.11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT THE SOLE ARBITRATOR MR. RAGHAVENDRA K.P, ADVOCATE, KAR NO. 2081/2003, NO.11, S-24, 2ND FLOOR, VMC COMPLEX, 10TH CROSS, CUBBONPET, BANGALORE-560002 OR ANY OTHER ARBITRATOR TO BE APPOINTED BY THIS COURT, AS PER CLAUSE 53 OF THE PARTNERSHIP - 3 - HC-KAR NC: 2025:KHC:19727 CMP No. 239 of 2023 DEED DATED 06.06.2019 AS PER ANNEXURE A ENTERED INTO BETWEEN THE PARTIES, FOR ADJUDICATION OF DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner and the respondents are signatories to the Agreement of Limited Liability Partnership dated 06.06.2019 and in signing this Agreement, they have also agreed for resolution of all disputes by arbitration. The Arbitration clause that is part of the Agreement reads as under: "[1] All the matters are expressly provided in this agreement shall be decided by the consent of all the partners in writing, falling that all disputes and questions about and in connection with the LLP under this Agreement arising between the Partners or between any one of them and the legal representative of the partner or with the LLP at any time and from time to time, shall be settled by conciliation or by arbitration as - 4 - HC-KAR NC: 2025:KHC:19727 CMP No. 239 of 2023 provided under the Arbitration and Conciliation Act, 1996 as if the parties to the disputes have consented in writing for determination of the same as aforesaid and the provisions of the said Act apply accordingly. [2] If any question arises whether the dispute relates to formation, management or business of the LLP, the question shall be referred to the arbitrator, whose decision thereon shall be final." The petitioner along with the third respondent has caused Notices dated 16.03.2023 and 04.04.2023 raising a claim alleging that they are excluded from the business and the profits and that access to the Books of accounts is denied inviting the respondents' consent to appoint the Sole Arbitrator to be nominated. The respondents have caused no Reply, and in fact, they have remained absent in the present proceedings. This Court, in the circumstances and the context is of the opinion that the existence of arbitrable dispute and the agreement - 5 - HC-KAR NC: 2025:KHC:19727 CMP No. 239 of 2023 for resolution of such dispute by arbitration are established. Hence, the following: ORDER [a] The petition is allowed. [b] Hon'ble Mr. Justice Rajendra M Badamikar, a former Judge of this Court is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. [c] The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to the Hon'ble Mr. - 6 - HC-KAR NC: 2025:KHC:19727 CMP No. 239 of 2023 Justice Rajendra M Badamikar, a former Judge of this Court, Address: Flat No.103, 1st Floor, Birla Apple Spire, Sy No.127/1, Pantarapalya, near Nayandahalli Metro Station, Mysuru main road, Bengaluru - 560 039[email:rajendrabadamikar@gmail. com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. Sd/- (B M SHYAM PRASAD) JUDGE AN/-