- 1 - HC-KAR NC: 2025:KHC:18773 CMP No. 257 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 257 OF 2021 BETWEEN: EBENEZER PREMKUMAR S/O LATE N KANTHARAJ AGED ABOUT 66 YEARS RESIDING AT NO.2 ITI LAYOUT SANGAM ENCLAVE EXTENSION KOTHANUR, BANGALORE-560 077. …PETITIONER (BY SMT. MAITHREYI KRISHNAN, ADVOCATE FOR SMT. SRUTI CHAGANTI.,ADVOCATE) AND: 1. EVA JUDY D/O MARIAN ANDREW MACARTHUR AGED ABOUT 39 YEARS RESIDING AT NOW PRESENTLY II FLOOR, AIYYAN CRACKERS STORE BUILDING NANJUNDAPPA ROAD KACHARAKKANAHALLI BANGALORE-560 084. 2. D BALAJI DASAN S/O R DASAPPA AGED ABOUT 34 YEARS Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18773 CMP No. 257 of 2021 RESIDING AT 127 I MAIN, KURUBARAHALLI BANGALORE-560 086. …RESPONDENTS (VIDE ORDER DATED 17.03.2023, SERVICE OF NOTICE TO R1 IS HELD SUFFICIENT; VIDE ORDER DATED 26.03.2024 SERVICE OF NOTICE TO R2 IS HELD SUFFICIENT) THIS CIVIL MISC. PETITION UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A) APPOINT MS. ARATI MUNDKUR, ADVOCATE, HAVING CHAMBERS AT AS THE SOLE ARBITRATOR ON BEHALF OF THE PETITIONER AND THE RESPONDENTS AND ALLOW THE SAID ARBITRATOR TO ENTER UPON THE REFERENCE AND ADJUDICATE UPON ALL THE PENDING DISPUTES AND DIFFERENCES BETWEEN THE PARTIES ARISING OUT OF THE PARTNERSHIP DEED DATED 08/03/2018 PRODUCED HERETO AS ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:18773 CMP No. 257 of 2021 ORAL ORDER The petitioner and the respondents are parties to the Partnership Deed dated 08.03.2018 [Annexure- A] which has an agreement for arbitration that reads as under: "Arbitration: that in the event of any dispute, difference, disagreements arising between the parties to this Deed of Partnership regarding interpretation, operation, enforcement or other matter or thing relating to the Firm or the affairs thereof, it shall be settled in accordance with the provisions of the Indian Arbitration Act, 1940." The petitioner has caused Notice dated 01.12.2020 raising a claim and seeking appointment of a Nominee sole Arbitrator. The respondents have caused Reply denying the liability, but they are silent both as regards the Agreement for Arbitration and the Nomination. This Court, in the circumstances, is of the considered view that the petitioner has established the existence of an arbitrable dispute and - 4 - HC-KAR NC: 2025:KHC:18773 CMP No. 257 of 2021 that the dispute must be adjudicated by a retired Senior Civil Judge. In the light of the afore, and after hearing the learned counsels on the appointment of a sole Arbitrator, the following: ORDER [a] The petition is allowed, and Smt. Rahat Afshan H N, a retired Senior Civil Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. It would be needless to observe that, subject to just exceptions, all questions are left open to be considered in the arbitral proceedings. [b] The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre (Domestic and - 5 - HC-KAR NC: 2025:KHC:18773 CMP No. 257 of 2021 International), Bengaluru and also to Smt. Rahat Afshan H N, a retired Senior Civil Judge, Address: No.B-106, Vaishnavi Oasis, Near Tippu Circle, J. P. Nagar 9th Phase, Bengaluru-560 108 [rahat.afshan@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/-