- 1 - HC-KAR NC: 2025:KHC:41965 CMP No. 293 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 293 OF 2023 BETWEEN: BP NARASA REDDY, S/O LATE B. PENCHALA REDDY, AGED ABOUT 37 YEARS, AND RESIDING AT 486, THYAGARAYA STREET, NEAR POST OFFICE KAVARAIPETTAI, GUMMADIPOONDI TALUK, THIRUVALLUR (DISTRICT), TAMILNADU - 601 206. …PETITIONER (BY SRI. ABHINAY Y.T.,ADVOCATE) AND: 1. M/S SRI VENKATESHWARA BUILDERS AND DEVELOPERS A PARTNERSHIP FIRM HAVING ITS OFFICER AT FLAT NO. STF 1, L160 SV AKRUTHI 3RD MAIN, 14TH CROSS, HSR LAYOUT, SECTOR 6, BENGALURU - 560 012 REPRESENTED BY ITS MANAGING PARTNER B. HARIKRISHNA REDDY 2. B HARIKRISHNA REDDY SON OF LATE B. VENKATARAMANA REDDY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41965 CMP No. 293 of 2023 AGED ABOUT 52 YEARS, NO. T-1, 4TH FLOOR, SRISHTI APARTMENT, BUILDING NO.1007, 17TH MAIN, 26TH CROSS, SECTOR 3, HSR LAYOUT, BENGALURU - 560 012. …RESPONDENTS (BY SRI. HARISH H.V, ADVOCATE FOR R1 AND R2) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11 OF THE ARBITRATION AND CONCILIATION ACT 1996 R/W CLAUSE 2 OF THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT SCHEME, 1996, PRAYING TO APPOINT AN INDEPENDENT ARBITRATOR TO HEAR AND DECIDE THE DISPUTES BETWEEN THE PETITIONERS AND RESPONDENT PURSUANT TO ARBITRATION CLAUSE 11 OF PARTNERSHIP DEED DATED 08/08/2008 VIDE ANNEXURE-A ENTERED INTO BETWEEN THE PARTIES, IN THE INTERESTS OF JUSTICE. 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 relief: - 3 - HC-KAR NC: 2025:KHC:41965 CMP No. 293 of 2023 "WHEREFORE, the Petitioners respectfully pray that this Hon'ble Court may be pleased to appoint an independent arbitrator to hear and decide the disputes between the petitioners and respondent pursuant to arbitration clause 11 of partnership deed dated 8th of August 2008 vide Annexure-A entered into between the parties, in the interests of justice." 2. The petitioner and respondent No.2 have entered into a partnership deed on 08.08.2008. The said partition deed is governed by an arbitration clause in terms of Clause 11, which is reproduced herein: "11. DISSOLUTION: In case of Dissolution the matter shall be settled by the partners themselves in mutual consent or if there is any disputes or litigations between the partners then they can approach an arbitrator to make the settlement." 3. There being a dispute between the parties. The petitioner invoked the arbitration clause and issued a notice on 11.06.2023 nominating his arbitrator. Though the notice was not served, the petitioner had approached this Court and this Court had directed a notice to be issued on the respondents. Subsequently, the respondents have entered appearance. The matter had been adjourned on the - 4 - HC-KAR NC: 2025:KHC:41965 CMP No. 293 of 2023 last occasions on account of the submission made that settlement talks are going on. However, no settlement was reported and the matter was taken up for arguments. 4. The execution partition deed is not in dispute, and so also the existence of arbitration clause is not in dispute. Hence, I am of the considered opinion that invocation made of the said clause by the petitioner is proper and correct and an arbitrator would have to be appointed to adjudicate the dispute between the parties. 5. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Ms. Yadav Vanamala A, a former District Judge of the District Judiciary is appointed as a sole arbitrator to arbitrate the dispute between the - 5 - HC-KAR NC: 2025:KHC:41965 CMP No. 293 of 2023 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 and Conciliation Centre for doing the needful. iv) Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any notice on 19.11.2025 at 2.30 p.m. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 9