- 1 - HC-KAR NC: 2025:KHC:30010 CMP NO.165 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.165 OF 2024 BETWEEN: SHRI. SURESH MAHADEV S/O MAHADEV N., AGED ABOUT 49 YEARS, R/AT NO.624, 10TH MAIN, 1ST CROSS, ITI LAYOUT, MALLATHALLI, NAGARBHAVI, BENGALURU - 560 056. REP. BY HIS S.P.A. HOLDER SRI. SATISH, S/O MAHADEV, AGED ABOUT 47 YEARS, R/AT NO.624, 10TH MAIN, 1ST CROSS, ITI LAYOUT, MALLATHALLI, NAGARBHAVI, BENGALURU - 560 056. …PETITIONER (BY SRI. KRISHNA MURTHY N., ADVOCATE) AND: 1. SRI. LAKSHMIVENKATESHWARA HOSPITALITY SERVICES NO.38, NEXT TO IOC PETROL BUNK, PREMA NAGAR, LAGGERE OUTER RING ROAD, BENGALURU - 560 058. REP. BY ITS PARTNER, SRI. DHRUVA KUMAR G. LAKANNA. 2. SRI. DHRUVA KUMAR G. LAKANNA S/O GIRISH B.L., Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30010 CMP NO.165 OF 2024 AGED ABOUT 29 YEARS, R/AT NO.1444, 5TH MAIN, 'D' BLOCK, NEAR AMBABHAVANI TEMPLE, 2ND STAGE, RAJAJINAGAR, BENGALURU - 560 010. ALSO AT: NO.33, 2ND MAIN ROAD, 2ND BLOCK, 3RD STAGE, BASAVESHWARANAGAR, BENGALURU - 560 079. …RESPONDENTS (BY SRI. VEERESH R. UPPIN, ADVOCATE FOR R2; V/O DATED 10.06.2025, NOTICE TO R1 IS HELD SUFFICIENT) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A ARBITRATOR OR SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE BEEN ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS AND EMPOWER THE SAID ARBITRATOR TO ISSUE ORDERS RELATING TO AN INTERIM RELIEF, TO ADJUDICATE PAST INTEREST PRIOR TO THE DATE OF THE COMMENCEMENT OF ARBITRATION AS PER ARBITRATION CLAUSE 23 IN THE PARTNERSHIP DEED DATED 25TH JANUARY, 2019 VIDE ANNEXURE-A. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER This petition is filed by the petitioners under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of Arbitrator or Sole Arbitrator to adjudicate the dispute that has been arisen between the petitioner and the - 3 - HC-KAR NC: 2025:KHC:30010 CMP NO.165 OF 2024 respondents as per the Arbitration Clause 23 in the Deed of Partnership dated 25th January, 2019 (Annexure-A). 2. Heard Sri. Krishna Murthy N., learned counsel appearing for the petitioner and Sri. Veeresh R. Uppin, learned counsel appearing for the respondent No.2. 3. Sri. Krishna Murthy N., learned counsel appearing for the petitioner relied upon Clause 23 of the Deed of Partnership dated 25th January, 2019 (Annexure-A), which reads as under: "23. ARBITRATION If during the subsistence of the partnership firm any dispute/s arise the same shall be referred to arbitration for resolution of the dispute/s." 4. Having heard the learned counsel appearing for the parties and taking into account the clause 23 of the Deed of Partnership dated 25th January, 2019 (Annexure-A), I am of the opinion that, the Arbitrator be appointed for resolving the dispute between the parties. Accordingly, Sri. Basavaraj S. Tadahal, District Judge (Retd.) is appointed as Arbitrator to - 4 - HC-KAR NC: 2025:KHC:30010 CMP NO.165 OF 2024 adjudicate the dispute between the parties at the Arbitration and Conciliation Centre, Bengaluru. 5. In order to avoid further delay in the matter, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 02nd September, 2025 at 11.00 a.m. The registry is directed to communicate this order (by E-mail) to the Arbitration and Conciliation Centre, Bengaluru and to Sri. Basavaraj S. Tadahal, District Judge (Retd.) to take further action in the matter. 6. It is also made clear that, the registry to return the original Partnership Deed dated 25th January, 2019 (Annexure- B) to the petitioner, after replacing Photocopy of the same. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 26