- 1 - HC-KAR NC: 2025:KHC:41604 CMP No. 259 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 259 OF 2023 BETWEEN: SRI SADASHIV N, AGED ABOUT 72 YEARS, S/O A NANJAPPA, R/O NO.25, SENA VIHAR, KAMMANAHALLI MAIN ROAD, BENGALURU-560043. …PETITIONER (BY SRI ABHINAV RAMANAND A, ADVOCATE) AND: 1. SRI N MALLIKARJUNA, AGED ABOUT 61 YEARS, S/O LATE A NANJAPPA, R/AT OLD NO.33/34/9, NEW NO.24, 5TH MAIN, VIVEKANANDA ROAD, BENDRE NAGARA, BENGALURU-560070. ALSO AT: NO.151, 'C' BLOCK, NEW MARKET, KALASIPALYAM EXTENSION, BENGALURU-560 002. 2. SMT. RAJESWARI, AGED ABOUT 60 YEARS, W/O LATE SHIVASHANKAR, NO.2954, K R MAIN ROAD, 2ND STAGE, BANASHANKARI, BENGALURU-560 070. 3. M/S A NANJAPPA AND SONS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41604 CMP No. 259 of 2023 A PARTNERSHIP CONCERN, HAVING ITS REGISTERED OFFICE AT: NO.151, 'C' BLOCK, NEW MARKET, KALASIPALYAM EXTENSION, BENGALURU-560 002, REP. BY ONE ITS PARTNERS, SRI N MALLIKARJUNA. …RESPONDENTS (BY SRI VISHNU HEGDE, ADVOCATE FOR R-1; R-2 RAJESWARI SERVED; R-3 M/S. A NANJAPPA & SONS, BENGALURU SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11 (5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO (A) APPOINT A SOLE ARBITRATOR IN VIEW OF THE ARBITRATION CLAUSE-19 CONTAINED IN THE PARTNERSHIP DEED DATED 30/03/1993 AT ANNEXURE- 'A' TO THE PRESENT PETITION, IN THE LIGHT OF THE AMENDED PROVISION OF THE ARBITRATION AND CONCILIATION ACT, 1996 ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. "Appoint a sole arbitrator in view of the Arbitration Clause-19 contained in the Partnership Deed dated 30/03/1993 at Annexure-'A' to the present Petition, in the light of the amended provision of the Arbitration and Conciliation Act, 1996. b. Grant costs; - 3 - HC-KAR NC: 2025:KHC:41604 CMP No. 259 of 2023 c. Such other relief/s as this Hon'ble Court deems fit to grant in the circumstances of the case and in the interest of justice and equity.” 2. Learned counsel for the respondents submits that there are no assets of the firm which could be made subject matter of the arbitral award. However, the said issue would have to be considered by the arbitrator and not by this Court. 3. Faced with the above situation, learned counsel for respondents submits that an arbitrator could be appointed reserving liberty to the respondents to raise all contentions before the learned arbitrator so appointed. 4. In that view of the matter, I pass the following: ORDER i) CMP is allowed. i) Sri.Ganesha B., former District Judge of the District Judiciary is appointed as a sole Arbitrator to arbitrate the dispute between the parties - 4 - HC-KAR NC: 2025:KHC:41604 CMP No. 259 of 2023 under the aegis of the Arbitration Centre attached to this Court. ii) Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful. iii) Since the order is passed in the presence of all the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any notice on 27.10.2025 at 2.30 p.m. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 39