- 1 - HC-KAR NC: 2025:KHC:30013 CMP NO.449 OF 2023 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.449 OF 2023 BETWEEN: 1. MR. K. VADIRAJ S/O RAJAGOPAL ADIGA AGED ABOUT 64 YEARS. 2. MRS. K.V. MALATHI W/O K. VADIRAJ AGED ABOUT 57 YEARS. BOTH ARE RESIDING AT: NO.44/13, 'KAVERI NILAYA', 2ND CROSS, 1ST MAIN, OKALIPURAM, BENGALURU - 560 021. …PETITIONERS (BY SRI. ARCHANA K.M., ADVOCATE) AND: 1. MR. N. GOPINATH S/O M.S. NAGARAJ, AGED ABOUT 64 YEARS, NAGAVASUKI, 3RD CROSS, TILAK NAGAR, SHIVAMOGGA - 577 201. 2. MRS. B.V. LAKSHMIDEVI W/O N. GOPINATH, AGED ABOUT 54 YEARS, NAGAVASUKI, 3RD CROSS, TILAK NAGAR, SHIVAMOGGA - 577 201. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30013 CMP NO.449 OF 2023 3. MR. N. RAJENDRA S/O M.S. NAGARAJ AGED ABOUT 62 YEARS, LASKHMINARAYANA KRUPA, 3RD CROSS, TILAK NAGAR, SHIVAMOGGA - 577 201. 4. MRS. ASHA R. W/O N. RAJENDRA AGED ABOUT 52 YEARS, LAKSHMINARAYANA KRUPA, 3RD CROSS, TILAK NAGAR, SHIVAMOGGA - 577 201. 5. MR. N. MOHAN S/O M.S. NAGARAJ AGED ABOUT 60 YEARS, 9TH CROSS, THARALUBALU BADAVANE, SHIVAMOGGA - 577 201. 6. MRS. RADHIKA M. W/O N. MOHAN, AGED ABOUT 50 YEARS, 9TH CROSS, THARALUBALU BADAVANE, SHIVAMOGGA - 577 201. …RESPONDENTS (BY SMT. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R3 AND R4; SRI. RAMESH CHANDRA, ADVOCATE FOR R5 AND R6; RESPONDNETS 1 AND 2 - SERVED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH RULE 2 OF SCHEME FOR APPOINTMENT OF ARBITRATOR BY KARNATAKA HIGH COURT, PRAYING TO APPOINT A SUITABLE PERSON AS ARBITRATOR IN PURSUANCE OF ARBITRATION CLAUSE PARA 18 IN THE DEED OF PARTNERSHIP DATED 14TH AUGUST, 2020 VIDE ANNEXURE-B AND FOR SUCH OTHER ORDERS DIRECTIONS ETC., THAT THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND - 3 - HC-KAR NC: 2025:KHC:30013 CMP NO.449 OF 2023 CIRCUMSTANCES OF THE CASE, 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 E.S. INDIRESH ORAL ORDER This Civil Miscellaneous Petition is filed by the petitioners under Section 11(6) of the Arbitration and Conciliation Act, 1996 read with Rule 2 of the Scheme for Appointment of Arbitrator by Karnataka High Court, seeking appointment of suitable person as Arbitrator for resolving the dispute between the parties. 2. Heard Smt. Archana K.M., learned counsel appearing for petitioners; Sri. Shivarudrappa Shetkar, learned counsel appearing for respondents 3 and 4; and Sri. Ramesh Chandra, learned appearing for respondents 5 and 6. 3. Smt. Archana K.M., learned counsel appearing for petitioners relied upon the Reconstituted Deed of Partnership dated 14th August, 2020 (Annexure-B), wherein, Clause 18 provides for resolution of disputes by referring to arbitration under the provisions of Arbitration and Conciliation Act. - 4 - HC-KAR NC: 2025:KHC:30013 CMP NO.449 OF 2023 4. In that view of the matter, as the lis is between the parties with regard to partnership, I am of the opinion that the sole Arbitrator be appointed for resolving the dispute between the parties. Therefore, Hon'ble Mr. Justice A.N. Venugopala Gowda, former Judge of this Court is appointed as the Sole Arbitrator to adjudicate the dispute between the parties at the Arbitration and Conciliation Centre, Bengaluru. 5. Since the parties are represented through their learned counsels, in order to avoid further issuance of notice to the parties, they are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 04th 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 also to Hon'ble Mr. Justice A.N. Venugopala Gowda, former Judge of this Court forthwith. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 24