- 1 - HC-KAR NC: 2025:KHC:48321 CMP No. 294 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. 294 OF 2025 BETWEEN: 1. MR R VASUDEVA S/O MR. RAMEGOWDA AGED ABOUT 56 YEARS R/AT NO. 15, NEW DSOUZA LAYOUT NEAR PESIT COLLEGE HOSAKEREHALLI, KEREKODI ROAD BANASHANKARI III STAGE BANGALORE-560 085 …PETITIONER (BY SRI. A MADHUSUDHANA RAO., ADVOCATE) AND: 1. M/S BANGALORE HERITAGE CENTRE HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.38, H.V.HALLI, RAJARAJESHWARI NAGAR ADJACENT TO PRESTIGE BAGAMANE TEMPLE BELLS BENGALURU - 560 098 BY ITS PARTNER MR.S.MAHESH. 2. MR.S.MAHESH S/O MR.SHANTHARAJAIAH AGED ABOUT 54 YEARS R/AT NO.48, 4TH BLOCK JAYANILAYANILAYA 1ST CROSS, BSK 3RD PHASE BANGALORE - 560 085. 3. MR.H.K. MANJU PRASAD S/O MR.KENDAGANNASWAMY AGED ABOUT 39 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48321 CMP No. 294 of 2025 R/AT NO.3003, WARD NUMBER – 23 7TH CROSS, R.P.ROAD NANJANAGUD (RURAL), NANJANAGUD MYSORE 571 301. 4. MR.V.THEERTHA PRASAD S/O MR.VEERABHADRAIAH VEERAPPA AGED ABOUT 53 YEARS R/AT NO.184, 9TH CROSS IDEAL HOMES TOWNSHIP RAJARAJESHWARI NAGAR BANGALORE - 560 098. 5. MR.K.YATHISH S/O MR.KENCHAPPA AGED ABOUT 40 YEARS R/AT NO C 205/1 TEACHERS LAYOUT MYSORE – 570011. …RESPONDENTS (BY SRI.RAGHAVENDRA., ADVOCATE FOR R2: SRI VENKATESH B C, ADVOCATE FOR R4: R1, R3 AND R5 ARE SERVED) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SUITABLE ARBITRATOR FOR THE PURPOSE OF ADJUDICATION OF THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS IN RESPECT OF THE CLAUSE 18 PARTNERSHIP DEED DATED 14.07.2023 FOUND AT ANNEXURE D AND REFER THE DISPUTE THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS TO THE ARBITRATION FOR ADJUDICATION OF THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND RESPONDENTS 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 SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs; - 3 - HC-KAR NC: 2025:KHC:48321 CMP No. 294 of 2025 “Appoint a suitable arbitrator for the purpose of adjudication of the dispute between the petitioner and the respondents in respect of the clause 18 partnership deed dated 14.07.2023 found at annexure d and refer the dispute that have arisen between the petitioner and the respondents to the arbitration for adjudication of the dispute that has arisen between the petitioner and respondents in the interest of justice and equity.” 2. After arguing for some time, learned counsel for Respondent Nos.2 and 4 submits that they have no objections for the matter to be first referred to the Mediation to explore the possibility of settlement and in the event of the Mediation being unsuccessful, a sole arbitrator could be appointed to arbitrate the dispute between the parties. 3. In that view of the matter, I pass the following; ORDER i. CMP is allowed. ii. The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. Since, order is passed in the presence of both the counsels they shall appear before - 4 - HC-KAR NC: 2025:KHC:48321 CMP No. 294 of 2025 the Director, Karnataka Mediation Centre without requirement of any further notice at 02.30 p.m. on 09.12.2025. iii. In the event of mediation being successful, the successful mediation report to be placed before this Court. iv. In the event of mediation being unsuccessful, the Director of Mediation Center is directed to forward a copy of the file to the Director of Arbitration and Conciliation Center attached to this Court. v. Sri S.G. Hiremath, a former Senior Civil Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court with the consent of both parties. vi. All contentions are kept open. - 5 - HC-KAR NC: 2025:KHC:48321 CMP No. 294 of 2025 vii. 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 KTY List No.: 1 Sl No.: 55