- 1 - HC-KAR NC: 2025:KHC-D:10235 WP No. 105490 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105490 OF 2025 (GM-RES) BETWEEN: HARISH S/O. CHANDRAPPA KOTI, AGE. 37 YEARS, OCC. BUSINESS, R/O. KUMARESHWAR NAGAR, TQ. HANGAL 581104 …PETITIONER (BY SRI. DINESH M.KULKARNI., ADVOCATE) AND: 1. SENIOR REGIONAL MANAGER HINDUSTAN PETROLEUM CORPORATION LTD, BELAGAUM 2. SHAMBHU S/O. SAHADEVAPPA KOTI, AGE. 50 YEARS, OCC. BUSINESS, R/O. OPP FOREST OFFICE, TADAS-GONDI ROAD, TQ. HANGAL 581104 …RESPONDENTS (NOTICE TO RESPONDENTS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO INITIATE ARBITRATION PROCEEDINGS AS PER CLAUSE-13 OF THE PARTNERSHIP DEED AS PER ANNEXURE-A AND A RECONSTITUTED PARTNERSHIP DEED AT ANNEXURE-B BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 16.08.2024 VIDE ANNEXURE-H AND ETC. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.19 15:27:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10235 WP No. 105490 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Mandamus directing the R1 to initiate arbitration proceedings as per clause-13 of the Partnership deed as per Annexure- A and a reconstituted Partnership Deed at Annexure-B by considering the representation of the Petitioner dated: 16.08.2024 vide Annexure-H. b. To issue any other writ/direction which this Hon’ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity. 2. The grievance of the Petitioner is that despite there being an arbitration clause naming the Senior Regional Manager of Hindustan Petroleum Corporation Limited to arbitrate the disputes among the partners that is the Petitioner and Respondent No.2, a request made by the Petitioner to Respondent No.1 has not been acted upon. 3. In my considered opinion, the Petitioner cannot make a request directly to the arbitrator. The Petitioner would have to issue a notice under Section 21 of the Arbitration and Conciliation Act, 1996, and if not acceded to by - 3 - HC-KAR NC: 2025:KHC-D:10235 WP No. 105490 of 2025 Respondent No.2, to initiate proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, a Writ Petition directing Respondent No.1 to take up arbitral proceedings is not maintainable. 4. Reserving liberty to the Petitioner to invoke the arbitration clause, the Writ Petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 3 Sl No.: 62