- 1 - HC-KAR NC: 2025:KHC-D:12426 CMP No. 100013 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL MISC PETITION NO. 100013 OF 2025 BETWEEN: MISS. SHRINIDHI TAWANI D/O. AJAY TAWANI AGE: 25 YEARS, OCC: BUSINESS, R/AT: PLOT NO.45 CHABBI HOUSE, 1ST FLOOR, OLD INCOME TAX OFFICE ROAD, VIDYANAGAR, HUBBALLI, DIST: DHARWAD 580 021. …PETITIONER (BY SRI. HIRANKUMAR PATEL, ADVOCATE) AND: 1. SHRI. B.K. PAPER AGENCY REPRESENTED BY ITS PARTNERS NOW R/AT: 48/4, PATIL COMPLEX PLOT NO.5, WARD NO.67, KUNDGOL ROAD, BIDNAL, HUBBALLI-580 028. 2. YASHPALSINGH SOLANKI S/O. UDAY SINGH PARTNER OF SHRI B.K. PAPER AGENCY, NOW R/AT: 48/A, PATIL COMPLEX, PLOT NO.5 WARD NO.67, KUNDGOL ROAD, BIDNAL, HUBBALLI-580 028. 3. KHUSHVEERSINGH SOLANKI S/O. UDAY SINGH PARTNER OF SHRI. B.K. PAPER AGENCY, NOW R/AT: 48/A, PATIL COMPLEX, PLOT NO.5 WARD NO.67, KUNDGOL ROAD, BIDNAL, HUBBALLI-580 028. …RESPONDENTS (NOTICE TO RESPONDENT NOS.1 TO 3 SERVED) MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.24 10:41:48 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12426 CMP No. 100013 of 2025 THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A COMPETENT PERSON OR ANY OTHER JUDICIARY QUALIFIED PERSON AS DEEMED FIT BY THIS COURT AS SOLE ARBITRATOR TO SETTLE THE DISPUTE BETWEEN PETITIONER AND THE RESPONDENT AS PER DEED OF RECONSTITUTION OF PARTITION DATED 22.02.2025 I.E. ANNEXURE-B. THIS COURT BE PLEASED TO FIX THE VENUE OF THE ARBITRATION PROCEEDINGS AT HUBBALLI TO BE CONDUCTED BY THE ARBITRATOR AND TO FIX THE REMUNERATION AND COSTS TO BE BORNE BY RESPONDENTS AND ISSUE SUCH OTHER DIRECTION OR ORDERS IN THE FACTUAL SITUATION AS DEEMED FIT AND PROPER BE PASSED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The petitioner has filed this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a competent person as deemed fit by this Court as sole arbitrator to resolve the dispute between the petitioner and the respondents. It is submitted that the ‘Partnership Deed’ has been effected between the parties on 02.02.2022 at Hubballi. 2. Notice issued to respondents is duly served. Today respondent No.2 is present and submits that the Arbitrator may be appointed to resolve the dispute between the parties. - 3 - HC-KAR NC: 2025:KHC-D:12426 CMP No. 100013 of 2025 3. On perusal of the ‘Partnership Deed’ dated 02.02.2022, it is seen that in paragraph no.23 there is an arbitration clause. It is stated that if there is a dispute between the petitioner and respondents, the matter is to be referred to the arbitrator. The clause No.23 of the ‘Partnership Deed’ reads as under : “23. That all disputes and differences in relation to the partnership business or arising out of this deed between the parties, whether during the subsistence of partnership or at any time thereafter, shall be referred to the arbitration in accordance with the provisions of the Indian Arbitration Act, 1940 or any modifications therein and the decision or award given by the arbitrators shall be binding on the partners to this deed.” 4. Petitioner also produced the copy of notice issued to the respondents before initiation of this proceeding and postal acknowledgement receipts are also produced. 5. On perusal of the material placed before this Court and also taking into consideration of the submission made by the 2nd respondent, I proceed to pass the following : - 4 - HC-KAR NC: 2025:KHC-D:12426 CMP No. 100013 of 2025 ORDER (i) Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 is allowed. (ii) The Retired District Judge Sri S.H.Mittalkhod, MIG-II/78, KHB Colony, Doddanayakana Koppa, Sahyadri Nagar, Dharwad-580 008 is appointed as sole arbitrator to resolve the dispute between the parties. (iii) Registry to send a copy of this order to the said Arbitrator for further needful. Sd/- (G BASAVARAJA) JUDGE CKK Ct-cmu LIST NO.: 1 SL NO.: 41