- 1 - NC: 2025:KHC:2290 CMP No. 245 of 2024 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.245 OF 2024 BETWEEN: SRI. KUMAR H.L. S/O. LAKSHMAN, AGED ABOUT 42 YEARS, R/AT NO.296/495, MANJOG LAYOUT, KANCHANA-HALLI VILLAGE, BOMMASANDRA, JIGANI, ANEKAL TALUK, BENGALURU - 560 099. …PETITIONER (BY SRI. NANJA REDDY P.N., ADVOCATE) AND: SRI DINESH S/O. RAJSHEKARAIAH, AGED ABOUT 42 YEARS, R/AT NO. 404, 1ST MAIN, 8TH CROSS, B.K. TOWNSHIP, YARENDANAHALLI, BOMMASANDRA, BENGALURU - 560 099. …RESPONDENT (BY SRI. P.H. VIRUPAKSHAIAH, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT THE ARBITRATOR AS PER CLAUSE-15 OF THE PARTNERSHIP DEED DATED 04.02.2016 (ANNEXURE-A). Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2290 CMP No. 245 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This civil miscellaneous petition is filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 to resolve the disputes and difference between the parties in terms of clause (15) of the partnership deed dated 04.02.2016. 2. After issuance of notice, the respondent has entered an appearance through learned counsel. The learned counsel for the respondent has acknowledged the existence of an arbitration clause in the agreement between the parties. Furthermore, he has conveyed that the respondent does not oppose the appointment of an Arbitrator per se. However, he has raised a specific contention regarding the Arbitrator nominated by the petitioner in the notice invoking the arbitration clause. Referring to the reply furnished by the respondent to the - 3 - NC: 2025:KHC:2290 CMP No. 245 of 2024 legal notice (evidenced at Annexure-B), the learned counsel argues that the respondent has reservations and objections to the nomination of the said Arbitrator. This contention forms the crux of the respondent's objection, despite an overarching acknowledgment of the need for arbitration to resolve the disputes between the parties. 3. Upon a careful examination of the petition and the accompanying annexures, this Court finds that the petitioner has adhered to the procedural requirements mandated under Section 11(4) of the Arbitration and Conciliation Act, 1996. The petitioner has invoked the arbitration clause appropriately by serving a legal notice and nominating an Arbitrator as per the terms of the agreement. The respondent, while raising an objection to the nominated Arbitrator, has not contested the applicability of the arbitration clause itself or the initiation of arbitration proceedings. Given the submissions made by the learned counsel for the respondent and the compliance demonstrated by the petitioner, the Court is - 4 - NC: 2025:KHC:2290 CMP No. 245 of 2024 satisfied that the statutory prerequisites under Section 11(4) of the Act have been duly fulfilled. Accordingly, the matter warrants the appointment of an Arbitrator to proceed with the resolution of disputes in accordance with the arbitration agreement. 4. In the light of the aforesaid clause of arbitration and contentions advanced by the petitioner and the respondent admitting existence of arbitration clause, this Court proceeds to pass the following: ORDER (i) The Civil Miscellaneous Petition is allowed appointing Sri Vishwanath V.Angadi, Retired District Judge as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre. (ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings. - 5 - NC: 2025:KHC:2290 CMP No. 245 of 2024 (iii) Office is directed to communicate this order to the Arbitration and Conciliation Centre and to Sri Vishwanath V.Angadi, Retired District Judge, as required under the Arbitration and Conciliation Centre Rules, 2012. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 85