- 1 - NC: 2024:KHC:44519 CMP No. 449 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV CIVIL MISC. PETITION NO. 449 OF 2023 BETWEEN: 1. MR K VADIRAJ S/O RAJAGOPAL ADIGA AGED ABOUT 64 YEARS 2. MRS K V MALATHI W/O K VADIRAJ AGED ABOUT 57 YEARS BOTH PETITIONERS 1 AND 2 RESIDING AT NO.44/13 "KAVERI NILAYA" 2ND CROSS, IST MAIN OKALIPURAM, BANGALORE-560 021 … PETITIONERS (BY SMT ARCHANA K M., ADVOCATE) AND: 1. MR N GOPINATH S/O M S NAGARAJ AGED ABOUT 64 YEARS NAGAVASUKI, 3RD CROSS TILAK NAGAR, SHIVAMOGGA-577 201 2. MRS B V LAKSHMIDEVI W/O N GOPINATH Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:44519 CMP No. 449 of 2023 AGED ABOUT 54 YEARS NAGAVASUKI, 3RD CROSS TILAK NAGAR, SHIVAMOGGA-577 201 3. MR N RAJENDRA S/O M S NAGARAJ AGED ABOUT 62 YEARS LASKHMINARAYANA KRUPA 3RD CROSS, TILAK NAGAR SHIVAMOGGA-577 201 4. MRS ASHA R W/O N RAJENDRA AGED ABOUT 52 YEARS LAKSHMINARAYANA KRUPA 3RD CROSS, TILAK NAGAR SHIVAMOGGA-577 201 5. MR N MOHAN S/O M S NAGARAJ AGED ABOUT 60 YEARS 9TH CROSS, THARALUBALU BADAVANE SHIVAMOGGA-577 201 6. MRS RADHIKA M W/O N MOHAN AGED ABOUT 50 YEARS 9TH CROSS, THARALUBALU BADAVANE SHIVAMOGGA-577 201 … RESPONDENTS (BY SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R3 & R4; SRI RAMESHCHANDRA, ADVOCATE FOR R5 AND R6; NOTICE TO R1 AND R2 ARE SERVED AND UNREPRESENTED) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W RULE 2 OF SCHEME FOR APPOINTMENT OF ARBITRATOR - 3 - NC: 2024:KHC:44519 CMP No. 449 of 2023 BY KARNATAKA HIGH COURT, PRAYING TO EXERCISE THE POWER UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE PARA 18 IN THE DEED OF PARTNERSHIP DATED 14/08/2020 AT ANNEXURE B AND FOR SUCH OTHER ORDERS DIRECTIONS ETC., THAT THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, 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 S SUNIL DUTT YADAV ORAL ORDER This petition has been filed seeking appointment of sole Arbitrator by relying on Clause-18 in the Deed of Partnership asserting that the dispute has arisen relating to the Deed of Partnership. 2. After hearing the matter for some time and taking note of the relationship of parties and upon suggestion of the Court, both sides submit that they would explore the possibilities of amicable resolution of dispute by way of mediation. 3. Taking note of the submission made and that the respondents are residing at Shivamogga, the matter is referred for mediation. - 4 - NC: 2024:KHC:44519 CMP No. 449 of 2023 4. Accordingly, Sri Sreepada, learned Senior Advocate is appointed as Mediator to make efforts for mediating the settlement. The terms of engagement of Mediator, are matters to be sorted out by the parties in consultation with the Mediator. In the event, if there is no amicable resolution of dispute, motion could be made for revival of petition. The Mediator to attempt to complete the mediation proceedings within a period of 30 days. 5. Both the parties to appear before the Mediator Sri Sreepada, learned Senior Advocate, residing at Shwetha Kamala, Durgigudi, II Parallel Road, Shivamogga-577201 on 25.11.2024 and both parties to file a set of relevant papers before the Mediator. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR