- 1 - NC: 2025:KHC:6850 CMP No. 483 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 483 OF 2024 BETWEEN: 1. MR. SHASHI G. NAYAK S/O. K. GOPAL KRISHNA NAYAK AGED ABOUT 46 YEARS 2. MRS. DEEPTHI SHASHI NAYAK W/O. SHASHI G. NAYAK AGED ABOUT 41 YEARS PARTNER OF SRISTI VENTURES BOTH ARE RESIDING AT SHREE DWAPARA SHANTINAGAR MANIPAL, UDUPI KARNATAKA-576 104. …PETITIONERS (BY SRI. SACHIN MADEV HEGDE, ADVOCATE FOR SRI. B.S.SACHIN, ADVOCATE) AND: 1. MR. BHOOPATHY SHETTY (MANAGING PARTNER OF SRISTI VENTURES) AGED ABOUT 61 YEARS S/O. RAMANNA SHETTY R/AT INDRANI KRUPA, KUNJIBETTU UDUPI-576 102. 2. MRS. SUPREMA SHETTY (PARTNER OF SRISTI VENTURES) AGED ABOUT 51 YEARS W/O. BHOPATHY SHETTY Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6850 CMP No. 483 of 2024 R/AT DEVIPRASAD, KAUP, ULIYARAGOLI, UDUPI-576 102. 3. MRS. PRATIKSHA V. SHETTY (PARTNER OF SRISTI VENTURES) AGED ABOUT 35 YEARS D/O. K. VASUDEVA SHETTY R/AT DEVIPRASAD KAUP ULIYARAGOLI, UDUPI-576 102. 4. REGISTERED PARTNERSHIP FIRM SRISTI VENTURES SITUATED AT 49 AND 50 AT NADIKOORE INDUSTRIAL AREA PADUBIDRI, UDUPI DISTRICT UDUPI-574 111. REPRESENTED BY ITS PARTNERS …RESPONDENTS (BY SRI. ABISHEK MARLA .M.J, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR TO ARBITRATE THE DISPUTE BETWEEN THE PARTIES AS PER THE CLAUSE 15 OF THE PARTNERSHIP DEED DATED 22.11.2016 AND ETC. 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 under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking appointment of a sole - 3 - NC: 2025:KHC:6850 CMP No. 483 of 2024 Arbitrator to resolve the dispute and difference between the petitioners and the respondents in terms of partnership deed dated 22.11.2016 evidenced at Annexure-A. 2. The respondents, on receipt of notice, have engaged a learned counsel and the respondents admit the existence of arbitration clause which is provided at clause 15 of the partnership deed dated 22.11.2016. However, respondents have reservation insofar arbitrator nominated by the petitioners in the legal notice. 3. In the light of the respondents acknowledging the existence of arbitration clause in the partnership deed, this Court is of the view that petitioners have satisfied the requirements outlined under Section 11(4) of the Act. 4. For the foregoing reasons, this Court proceeds to pass the following: - 4 - NC: 2025:KHC:6850 CMP No. 483 of 2024 ORDER (i) Civil Miscellaneous Petition is allowed appointing Sri. Sarvodaya Shettigar, Retired District Judge, Udupi as the sole Arbitrator to enter reference of the disputes between the petitioners and the respondents and conduct proceedings; (ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings; (iii) Office is directed to communicate this order to Sri. Sarvodaya Shettigar, Retired District Judge, Udupi, as required under the Arbitration and Conciliation Centre Rules, 2012; (iv) The venue of arbitration and the procedure for arbitration shall be as decided by the learned arbitrator after due opportunity to the parties. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 3 Sl No.: 26