- 1 - HC-KAR NC: 2025:KHC:48362 CMP No. 337 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 337 OF 2025 BETWEEN: 1. MR.PRATHAP BHANDARY S/O SHANKARA BHANDARY AGED ABOUT 42 YEARS. R/AT NO. 4-192/2, PRADEEP NILAYA VERAME PADAVU, MUDUPERAR MANGALURU. D.K DISTRICT-574 151 …PETITIONER (BY SRI. S.RAJASHEKAR., ADVOCATE) AND: 1. M/S. RMX CONCRETE INDIA A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT PLOT NO 1.2.3 AND 4A, OPP. VIJAYA BANK INDUSTRIAL AREA, BAIKAMPADY MANGALORE TALUK, DAKSHINA KANNADA DISTRICT 575 011 REP. BY ITS AUTHORIZED SIGNATORY. 2. SRI SUDHAKAR POONJA S/O SRI SEETHARAM POONJA AGED ABOUT 58 YEARS R/AT 2-109A-17, JANANI DURGANAGAR, HOSABETTU, MANGALURU DAKSHINA KANNADA DISTRICT-574 227. 3. SRI UPENDRA K S/O SUNDAR BHANDARY AGED ABOUT 54 YEARS R/AT D.NO. 2-158/13 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48362 CMP No. 337 of 2025 KADALI SHREE DURGA, VALLY VIEW LAYOUT NEAR NARAYANA BHAJANA MANDIR MARRY HILL, KONCHADY MANGALURU D.K DISTRICT 575 008. 4. MR. M. G. HUSSAIN S/O. AHAMMED AGED ABOUT 72YEARS R/AT D. NO. 6-30-2/1 MUNNA COTTAGE, AGARMELU CHOKKABETTU, SURATHKAL MANGALURU, D.K DISTRICT-575 008. 5. MRS. KESARI POONJA W/O. SUDHAKAR POONJA AGED ABOUT 50 YEARS R/AT 2-109A-17, JANANI DURGANAGAR, HOSABETTU, MANGALURU DAKSHINA KANNADA DISTRICT-574 227. 6. MR. MOHAMMED MUNAZ S/O. MR. M. G. HUSSAIN AGED ABOUT 36 YEARS R/AT FLAT NO. 101, K2 APARTMENT NEAR SANJEEVINI MEDICAL, FALNIR MANGALURU, D.K. DISTRICT-575 001. …RESPONDENTS (BY SRI. GANAPATHI BHAT., ADVOCATE FOR R1, R2, R4 TO R6: R3 IS SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES AND ALLOW THE SAID ARBITRATOR TO ENTER UPON THE REFERENCE TO CLAUSE 20 VIDE ANNEXURE A AND B AND ADJUDICATE THE DISPUTE AND DIFFERENCES BETWEEN THE PARTIES ARISING OUT OF THE PARTNERSHIP DEED DATED 26.10.2014, ADMISSION-CUM-RETIREMENT DEED DATED 1.02.2015 AND AGREEMENT MODIFYING THE PARTNERSHIP DEED DATED 9.09.2017 VIDE ANNEXURE, A B, AND C AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:48362 CMP No. 337 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following relief’s; a) Appoint an arbitrator to adjudicate the dispute between the parties and allow the said arbitrator to enter upon the reference to clause 20 vide annexure a and b and adjudicate the dispute and differences between the parties arising out of the partnership deed dated 26.10.2014, admission- cum-retirement deed dated 1.02.2015 and agreement modifying the partnership deed dated 9.09.2017 vide annexure, a b, and c. b) Pass such an order as this Hon’ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice and equity. 2. After arguing for some time, learned counsel for respondent submits that a suitable arbitrator could be appointed. 3. In that view of the matter, I pass the following: ORDER i. CMP is allowed. ii. Smt. Justice Rathnakala, former Judge of this Court is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. - 4 - HC-KAR NC: 2025:KHC:48362 CMP No. 337 of 2025 iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration and Conciliation Centre without requirement of any notice at 2.30 p.m. on 4.12.2025. v. All contentions are kept open. vi. Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 60