- 1 - NC: 2025:KHC:5665 CMP No. 407 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 407 OF 2023 BETWEEN: SRI. SREENIVASA REDDY C. S/O LATE CHINNAPPA AGED ABOUT 55 YEARS R/A NO.105/17, 12TH MAIN, BTM LAYOUT, 1ST STAGE BANGALORE - 560 029. …PETITIONER (BY SRI. SATHISHA D.J, ADVOCATE) AND: 1. M/S. S AND S INFRA (A PARTNERSHIP FIRM) OFFICE AT NO. 536, 1ST MAIN, 4TH AVENUE TEACHERS COLONY, KORAMANGALA, BANGALORE - 560 034 REPRESENTED BY PARTNER SRI. H.B. SRIDHARA. 2. MR. H.B. SRIDHARA S/O SRI. BYRAIAH AGED ABOUT 49 YEARS ONE OF THE PARTNER OF M/S S AND S INFRA Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5665 CMP No. 407 of 2023 3. SMT. ASHA D W/O H.B. SRIDHARA AGED ABOUT 48 YEARS ONE OF THE PARTNER OF M/S S AND S INFRA RESPONDENTS NO.2 AND 3 R/AT NO. 165, 8TH MAIN JAKKASANDRA BLOCK, KORAMANGALA BENGALURU - 560 034. …RESPONDENTS (R1 TO R3 ARE SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1966, PRAYING TO APPOINT HONBLE MR. JUSTICE A.V. CHANDRASHEKAR, FORMER JUDGE, HIGH COURT OF KARNATAKA, BANGALORE, AS AN ARBITRATOR ON BEHALF OF THE RESPONDENT OR AN ARBITRATOR ACCEPTABLE TO ALL THE PARTIES TO RESOLVE THE DISPUTE AS PER CLAUSE 31 OF DEED OF RECONSTITUTION OF PARTNERSHIP DATED 10.07.2018 AS PER ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:5665 CMP No. 407 of 2023 ORAL ORDER This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of sole Arbitrator to resolve the dispute and difference between the parties in terms of Deed of Partition dated 10.07.2018. 2. Respondents though served, have chosen not to contest this Civil Miscellaneous Petition. 3. The petitioner, relying on the reconstituted partition deed annexed as Annexure-D, asserts that he has retired from the partnership firm pursuant to the reconstitution of the partnership deed dated 10.07.2018. As per the terms of this reconstituted partnership deed, a settlement was agreed upon between the petitioner and the respondents, wherein the respondent undertook to refund 50% of the petitioner’s share. Despite the explicit clause in the agreement recognizing the petitioner’s right to seek a refund of this amount, petitioner asserts that respondent - 4 - NC: 2025:KHC:5665 CMP No. 407 of 2023 has failed to adhere to the agreed-upon terms and has not honored the commitment stipulated in the reconstituted partnership deed. The petitioner, aggrieved by the respondent’s failure to comply with the terms of the settlement, has sought legal recourse to enforce his rights under the agreement. 4. Invoking the arbitration clause embedded in the agreement, the petitioner, in accordance with Section 21 of the Arbitration and Conciliation Act, issued a formal notice on 16.09.2024, proposing the appointment of a sole arbitrator to adjudicate the dispute between the parties. The petitioner has taken all necessary procedural steps to initiate the arbitration process. This Court, having meticulously examined the annexures submitted along with the petition, finds that there is no opposition to the petition from the respondent’s side. After a thorough scrutiny of the documents, the Court is satisfied that the petitioner has duly complied with the procedural prerequisites as mandated under Section 11(4) of the - 5 - NC: 2025:KHC:5665 CMP No. 407 of 2023 Arbitration and Conciliation Act. In light of the undisputed nature of the claim and procedural compliance, the Court deems it appropriate to proceed with the appointment of an arbitrator in accordance with the law. 5. In the light of the aforesaid arbitration clause and contentions advanced by the petitioner and in the absence of contest by the respondents, this Court proceeds to pass the following: ORDER (i) The Civil Miscellaneous Petition is allowed appointing Sri. Justice A.V.Chandrashekar, Former Retired High Court Judge as the sole Arbitrator to enter reference of the disputes between the petitioner and the respondent and conduct proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, according to the Rules governing the said Arbitration Centre. - 6 - NC: 2025:KHC:5665 CMP No. 407 of 2023 (ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings. (iii) The Office is directed to communicate this order to the Arbitration and Conciliation Centre and to Sri. Justice A.V.Chandrashekar, Former Retired High Court Judge, as required under the Arbitration and Conciliation Centre Rules, 2012. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BNV List No.: 3 Sl No.: 12 CT: BHK