- 1 - HC-KAR NC: 2025:KHC:41955 CMP No. 42 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. 42 OF 2023 BETWEEN: 1. M/S FOUR WINDS MASS COMMUNICATIONS SERVICES, A PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING PARTNER MR. ELIAS FERNANDES, THE FIRM HAVING ITS OFFICE, AT LEGACY COMPLEX, BENDOREWELL, MANGALORE - 575 002. 2. MR. ELIAS FERNANDES, PARTNER OF NO.1, FIRM S/O LATE MR. PAUL FERNANDES, AGED 62 YEARS, …PETITIONERS (BY SRI. GANAPATHI BHAT, ADVOCATE) AND: SMT. A PUSHPA THIMMAYA W/O A.G. THIMMAYA, AGED ABOUT 24 YEARS, RESIDING AT OLD NO.253, GROUND FLOOR, 6TH 'D' CROSS, MANORAYANA PALYA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41955 CMP No. 42 of 2023 R T NAGAR POST, BENGALURU - 560 031. …RESPONDENT (BY SMT. ADYA BOJAMMA, ADVOCATE FOR SRI. GOVINDRAYA KAMATH K, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AND CONSTITUTE ARBITRAL TRIBUNAL AS PER CLAUSE 20 OF DEED OF RECONSTITUTION OF PARTNERSHIP DATED 24/09/2020 VIDE ANNEXURE C FOR RESOLVING THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY. 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 petitioners are before this Court seeking for the following relief: "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 Reconstitution of Partnership dated 24/09/2020 vide Annexure 'C' for resolving the dispute between - 3 - HC-KAR NC: 2025:KHC:41955 CMP No. 42 of 2023 the Petitioners and the Respondent in the interest of justice and equity." 2. Both the counsels submit that a suitable arbitrator could be appointed by this Court keeping all the contentions open including that of arbitrability of the subject matter. 3. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Hon'ble Justice Sri. Pradeep D. Waingankar, a former judge of this Court is appointed as a sole Arbitrator to arbitrator the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii) All contentions including that of arbitrability are left open to be decided by the learned arbitrator. iv) Since the order is passed in the presence of both the counsel, they shall appear before the - 4 - HC-KAR NC: 2025:KHC:41955 CMP No. 42 of 2023 Director, Arbitration and Conciliation Centre on 03.11.2025 at 2.30 p.m. without requirement of any further notice. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM