- 1 - NC: 2025:KHC-D:4143 CMP No. 100026 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA CIVIL MISC PETITION NO. 100026 OF 2024 (-) BETWEEN: MANESH KUMAR S/O. LATE KANTHILAL MEHTA AGE. 45 YEARS, OCC. BUSINESS, R/O. DOOR NO. 1062/A, MEHTA MASION, GANDHI COLONY, 31ST WARD, HOSPETE, DIST. VIJAYANAGARA – 583201. …PETITIONER (BY SRI. S.A. SANDUR, ADVOCATE) AND: 1. KUMARI VAISHNAVI G. D/O. K.V.N. GOVINDRAJ, AGE. MAJOR, OCC. BUSINESS, R/O. 101, R. K. GARDENS, NEW BEL ROAD, RMV 2ND STAGE, BENGALURU 560054. 2. M/S. JAI INDUSTRIES, A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT DOOR NO. 1062/A, MEHTA MANSION, GANDHI COLONY, 31ST WARD, HOSAPETE, DIST. VIJAYANAGARA-583201. …RESPONDENTS (BY SRI. GURUDEV GACHCHINAMATH, ADV. FOR R1; R2-SERVED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT THE ARBITRATOR AS CONTEMPLATED IN CLAUSE 20 OF THE PARTNERSHIP AGREEMENT DATED 01.12.2021 VIDE ANNEXURE-A TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENTS, IN THE INTEREST OF JUSTICE. MALLIKARJUN RUDRAYYA KALMATH HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4143 CMP No. 100026 of 2024 THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner approached this Court seeking the following relief: To appoint the Arbitrator as contemplated in Clause 20 of the Partnership Agreement dated 01.12.2021 vide Annexure-A, to adjudicate the dispute between the petitioner and Respondents, in the interest of justice. 2) Heard Sri.S.A.Sandur, learned counsel for the petitioner and Sri.Gurudev Gachchinmath, learned counsel for the respondent No.1. Perused the materials on record. 3) Learned counsel for the petitioner submits that the existence of a of partnership agreement dated 01.12.2021 produced as per Annexure-A between the parties is not in dispute. It is also not in dispute that as per Clause 20 of the partnership agreement, the partners have agreed to refer any dispute to an Arbitrator. Under these circumstances, I do not find any reason to deny the prayer made by the petitioner. - 3 - NC: 2025:KHC-D:4143 CMP No. 100026 of 2024 4) After due deliberations, learned counsel for the petitioner and respondents agreed for appointing Hon’ble MR. Justice Sri.P.G.M.Patil, former Judge of this Court as arbitrator to adjudicate the dispute between the parties. Accordingly, I proceed to pass the following: ORDER i) The petition is allowed. ii) Hon’ble MR. Justice Sri.P.G.M.Patil, former Judge of this Court is appointed as the Arbitrator to adjudicate the dispute between the parties. iii) Registry is directed to return the original documents if any, produced by the parties after obtaining Photo copies of the same for the file. Sd/- (M.G.UMA) JUDGE VB CT:ANB List No.: 1 Sl No.: 43