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2025 DAILYLAW 42803 (KAR)

M/S LAXMI SALES CORPORATION v. SMT JAYALAKSHMI

CMP/366/2024 · 2025-09-24

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38421 CMP No. 366 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 366 OF 2024 BETWEEN: 1. M/S. LAXMI SALES CORPORATION A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.113/10/16 ANDRAHALLI MAIN ROAD, OPPOSITE AGN CONVENTION HALL, ANDRAHALLI, BANGALORE - 560 091 REPRESENTED BY ITS PARTNER CHITRALEKHA T. RAI 2. SMT CHITRALEKHA T RAI W/O THUKARAM RAI P AGED ABOUT 46 YEARS PARTNER, FLAT NO.8013, RUBY APARTMENT, NEAR 8TH MILE, OPP. NAGASANDRA METRO STATION, TUMKUR MAIN ROAD, NAGASANDRA BENGALURU - 560 073. …PETITIONERS (BY SRI. GURUDHATTA K, ADVOCATE) AND: SMT. JAYALAKSHMI W/O NAVEEN SHETTY AGED ABOUT 49 YEARS, PARTNER Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38421 CMP No. 366 of 2024 SRI LAXMI SALES CORPORATION, NO.36, IST MAIN ROAD, KAVERI LAYOUT, VIJAYANAGAR BENGALURU - 560 040 …RESPONDENT (BY SRI. VIJAYAKUMAR S, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC (5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT THE SOLE ARBITRATOR IN TERMS OF CLAUSE 32 OF THE PARTNERSHIP DEED OF RETIREMENT CUM RECONSTITUTION AT ANNEXURE-A DATED 20.01.2021 FOR ADJUDICATING /RESOLVING THE CLAIMS, DISPUTES, AND DIFFERENCES BETWEEN THE PETITIONER AND THE RESPONDENT AND GRANT SUCH OTHER AND FURTHER RELIEFS IN FAVOUR OF THE PETITIONER AS ARE DEEMED FIT 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 E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. This petition is filed under Section 11(5) of Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator in terms of Clause - 32 of Partnership deed of - 3 - HC-KAR NC: 2025:KHC:38421 CMP No. 366 of 2024 Retirement cum Reconstruction dated 20.01.2021 (Annexure -A). 3. Having taken note of the submission made by the learned counsels appearing for the parties, particularly with reference to Clause- 32 at Annexure - A, I am of the view that, the dispute has to be resolved by an Arbitrator. 4. In that view of the matter, Sri. Radhakrishna Holla, retired District Judge be appointed as an Arbitrator to resolve the dispute between the parties. 5. Hence, this Civil Miscellaneous Petition is disposed of. 6. Registry is directed to return all the original documents produced by any of the parties after obtaining photostat copies of the same. 7. Since the parties are represented through their learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on - 4 - HC-KAR NC: 2025:KHC:38421 CMP No. 366 of 2024 31.10.2025 at 11.00 a.m. to enable the learned Arbitrator to take further action in the matter. Ordered accordingly. SD/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 14 CT: BHK