- 1 - HC-KAR NC: 2025:KHC:46842 CMP No. 164 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 164 OF 2024 BETWEEN: 1. SRI M KRISHNA S/O MARIMUTHU GOUNDAR AGED ABOUT 59 YEARS R/AT NO.55, THIRD MAIN HANUMA HILLS LAYOUT AREHALLI, SUBRAMANYAPURA POST BANGALORE-560061. …PETITIONER (BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE) AND: 1. SRI G PURUSHOTHAM NAIDU S/O SRI. SUBRAMANYAM NAIDU MAJOR IN AGE R/AT NO.10, TENTH CROSS NINTH MAIN ROAD BHUVANESHWARI NAGAR BANASHANKARI THIRD STAGE BENGALURU-560085. 2. SRI.K. GOPAL S/O SRI.K. KAILASAM NAIDU MAJOR IN AGE R/AT NO.19, LAKSHMI VENKATESHWARA NILAYA ST.A. CROSS, SAI NAGARA AREHALLI UTTARAHALLI, BENGALURU-560061. 3. SRI.R. CHOWDARI S/O SRI. RAJENDRA NAIDU Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46842 CMP No. 164 of 2024 MAJOR IN AGE R/AT FLAT NO.405, FOURTH FLOOR SRI MALLIKARJUNA RESIDENCY 80 FEET ROAD, GUBBALALA VILLAGE BENGALURU-560061. 4. SRI.R. CHITRANJEEVULU S/O SRI. VARADAPPA NAIDU MAJOR IN AGE R/AT NO.161/D, THIRD CROSS FIFTH BLOCK, BANASHANKARI THIRD STAGE BENGALURU-560085. 5. SRI. MOHAN DEVEGOWDA S/O SRI.T K DEVEGOWDA MAJOR IN AGE R/AT NO.826, EIGHTEENTH CROSS BHEL EXTENSION, SECOND STAGE PATTANAGERE, RAJARAJESHWARI NAGAR BENGALURU-560098. …RESPONDENTS (BY SRI. PRADEEP K R., ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A. APPOINT AN ARBITRATOR FOR ADJUDICATION AND FOR RESOLUTION OF DISPUTES BY WAY OF ARBITRATION IN PURSUANCE OF THE CLAUSE 23 OF THE ADMISSION AND RECONSTITUTION DEED OF PARTNERSHIP DATED 12.06.2015. B. GRANT SUCH OTHER RELIEF/S AS THIS HON’BLE COURT BE PLEASED TO GRANT FIT IN THE INTEREST 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 reliefs: - 3 - HC-KAR NC: 2025:KHC:46842 CMP No. 164 of 2024 “a. Appoint an arbitrator for adjudication and for resolution of disputes by way of arbitration in pursuance of the clause 23 of the admission and reconstitution deed of partnership dated 12.06.2015. b. Grant such other relief/s as this hon’ble court be pleased to grant fit in the interest of justice.” 2. The Petitioner and the Respondents had entered into Deed of Partnership on 12.06.2015. The said deed is governed by an Arbitration Clause in terms of Clause 23 thereof, which is reproduced hereunder for easy reference: “23. Any dispute arising between the partners shall be referred to and settled by an arbitration to be done in accordance with the provisions of the Indian Arbitration Act, 1940 or nay amendment thereof.” 3. There being certain disputes which had arisen, the petitioner had filed a suit in O.S.No.7478/2022 seeking for injunction. In the said suit, the Respondent had filed an application under Section 8 of Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the A&C Act’ for short) which came to be disposed vide order dated 05.01.2024 allowing - 4 - HC-KAR NC: 2025:KHC:46842 CMP No. 164 of 2024 the said application and referring the matter to arbitration by directing the parties to take effective measures to commence arbitral proceedings. 4. Pursuant thereto, the Petitioner invoked the Arbitration Clause and issued a notice on 27.02.2024 nominating its Arbitrator. The said notice having been served on the respondents, the respondents having not responded to the same, the petitioner is before this Court seeking for the aforesaid reliefs. 5. Notice having been ordered, the Respondents having entered appearance, on earlier occasion when the Respondents sought to file their statement of objections, it is made clear that no further adjournment would be granted and the matter would be taken up for arguments. Today none appears for the Respondents though called twice, once in the forenoon session and second time in the afternoon session. Hence, the matter is taken up for - 5 - HC-KAR NC: 2025:KHC:46842 CMP No. 164 of 2024 consideration as per the submission made by learned counsel for the Petitioner. 6. Having heard the learned counsel for the petitioner, it is clear that there is Deed of Partnership between the Petitioner and the Respondents which is governed by Arbitration Clause and all disputes are required to be adjudicated by way of arbitral proceedings. In fact, the Respondents had himself taken the said contention in O.S.No.7478/2022 when an application under Section 8 of A&C Act was filed and came to be allowed. 7. In that view of the matter, there cannot be any dispute as regards the applicability of the Arbitration Clause. As such, I pass the following: ORDER i. The CMP is allowed. ii. The Hon’ble Mr. Justice Chandrashekaraiah, a former judge of this Court is appointed as a sole Arbitrator to arbitrate the dispute between - 6 - HC-KAR NC: 2025:KHC:46842 CMP No. 164 of 2024 the 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 & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 02.12.2025. v. All contentions are left open. vi. Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 18