SMT CHANDRALEKHA ANAND SHETTY v. SRI B ARUN KUMAR SHETTY
CMP/575/2025 · 2025-11-14
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 67610 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 67610 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46862 CMP No. 575 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 575 OF 2025 BETWEEN:
SMT CHANDRALEKHA ANAND SHETTY AGED 81 YEARS, W/O DR. A.V. SHETTY, R/AT NO 3-30-2481, PACIFIC, KADRI KAMLA ROAD, BEJAI, MANGALORE- 575004 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. GANAPATHI BHAT, ADVOCATE) AND:
1.
SRI B ARUN KUMAR SHETTY AGED 82 YEARS, PARTNER MESSRS SHIVAPRASAD S/O. V.K. SHETTY R/AT SANGAM, FORT GATE, KUNDAPURA, UDUPI, KARNATAKA 576201
2.
SMT. AMRITHKALA SHETTY, AGED 75 YEARS, PARTNER MESSRS SHIVAPRASAD W/O. DR. SUDHAKAR SHETTY R/AT ASHIRVAD, KODIALGUTHU EAST, BEJAI, MANGALORE, KARNATAKA 575004
3.
SRI. ABHINANDAN A SHETTY, AGED 52 YEARS, PARTNER,MESSRS SHIVAPRASAD S/O. SRI. B ARUN KUMAR SHETTY R/AT SANGAM, FORT GATE, KUNDAPURA, UDUPI, KARNATAKA 576201 …RESPONDENTS (BY SRI. SAMPREETH V, ADVOCATE FOR R1 & R3;
SRI.YATHIN.B, ADVOCATE FOR R2)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:46862 CMP No. 575 of 2025
THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AND CONSTITUTE ARBITRAL TRIBUNAL AS PER CLAUSE 20 OF DEED OF PARTNERSHIP DATED 02.04.2014 VIDE ANNEXURE A FOR RESOLVING THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, 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;
"WHEREFORE, the petitioner prays that this Hon'ble Court may kindly be pleased to appoint and constitute arbitral tribunal as per clause 20 of deed of partnership dated 02.04.2014 vide Annexure A for resolving the dispute between the petitioner and the respondent in the interest of justice and equity."
2. After arguing for sometime, the counsel for respondent. Submits that a suitable person may be appointed as sole arbitrator leaving all contentions open. In that view of the matter, I pass the following: i. The CMP is allowed. ii. Shri.Justice Ram Mohan Reddy, Former Judge of this Court, is appointed as a sole arbitrator
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HC-KAR NC: 2025:KHC:46862 CMP No. 575 of 2025
to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. 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 & Conciliation Centre without requirement of any notice at 2.30 p.m. on 27.11.2025. v. All contentions are left open.
SD/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 72