- 1 - HC-KAR NC: 2025:KHC:50847 WP No. 10512 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 10512 OF 2021 (GM-CPC) BETWEEN: K.N. SURENDRA S/O MR. NAGU AGED ABOUT 45 YEARS MANAGING PARTNER M/S SUVI INFRASTRUCTURE NO.16 PRAKRUTHI KALIDASA LAYOUT BEHIND CORDICAL SCHOOL VIJAYANAGARA BANGALORE - 560 040 ALSO NO.1125, 1ST FLOOR SERVICE ROAD, VIJAYANAGAR BENGALURU - 560 014. …PETITIONER (BY SRI MAHESH M, ADV.) AND: 1. SHRI VINAY KEMPAIAH S/O M KEMPAIAHA AGED ABOUT 42 YEAS PARTNER M/S SUVI INFRASTRUCTURE R/AT NO.67 1ST STAGE AGB LAYOUT, MAHALAXMI LAYOUT BANGALORE. 2. SHRI S MAHESH GOWDA S/O SANNE GOWDA AGED BOUT 63 YEARS NO.2154 5TH CROSS 3RD MAIN RPC LAYOUT VIJAYANAGARA BANGALORE - 560 040. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50847 WP No. 10512 of 2021 3. M/S K N S INFRASTRUCTURE PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO.1788/C 9TH CROSS 5TH MAIN RPC LAYOUT 2ND STAGE VIJAYANAGAR BANGALORE - 560 040 REP BY ITS DIRECTOR MR. K N BOREGOWDA. …RESPONDENTS (BY SRI MANJUNATHA H.V, ADV., C/R-1; V/O DTD 17.11.2022, NOTICE TO R-2 & R-3 IS D/W) THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.23.4.2021 (THE IMPUGNED ORDER) AT ANNEXURE-A PASSE DON IA NO.3 IN COM O.S.NO.2311/2017 BY THE HONBLE LXXXVII ADDL CITY CIVIL JUDGE AT BENGALURU (CCH-88) AND THEREBY ALLOW THE APPLICATION UNDER SECTION 8 OF THE ARBITRATION AND CONCILIATION ACT 1996. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant no.1 is before this Court in this petition filed under Article 227 of Constitution of India with a prayer to set aside the order dated 23.04.2021 passed on I.A.No.III in Commercial O.S.No.2311 of 2017 by the Court of LXXXVII Addl. City Civil & Sessions Judge, Bengaluru. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:50847 WP No. 10512 of 2021 3. Suit in Commercial O.S.No.2311 of 2017 is filed by respondent no.1 herein before the jurisdictional commercial Court at Bangalore seeking the relief of dissolving the partnership firm M/s Suvi Infrastructure and take accounts of said firm and also for distribution of the profit and a further relief is sought for an enquiry into the income earned by the defendants by using funds of the partnership firm by name M/s Suvi Infrastructure and to render accounts of the same. In the said suit, defendant no.1 had filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 with a prayer to refer the parties to the suit to Arbitration in view of the arbitration clause found in the Partnership Deed dated 07.02.2007. The said application was opposed by the plaintiff and the trial Court vide the order impugned had rejected said application. Aggrieved by the same, defendant No.1 is before this Court. 4. Learned counsel for respondent no.1 who is the plaintiff in O.S.No.2311 of 2017 submits that the order impugned may be set aside and the parties to the suit may be referred to Arbitration for adjudication of the dispute arising - 4 - HC-KAR NC: 2025:KHC:50847 WP No. 10512 of 2021 between them out of the aforesaid Partnership Deed dated 07.02.2017. 5. The said submission is placed on record. 6. Accordingly, the following ORDER i. Writ petition is allowed. ii. The impugned order dated 23.04.2021 passed on I.A.No.III in Commercial O.S.No.2311 of 2017 by the Court of LXXXVII Addl. City Civil & Sessions Judge, Bengaluru is set aside and consequently the prayer made in the said application is granted. Pending IAs' do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 36