- 1 - HC-KAR NC: 2025:KHC:30855 CMP No. 543 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 543 OF 2024 BETWEEN: 1. SHRI CA M V NARAYANA MURTHY S/O LATE. M.K. VENKATA RAO AGED ABOUT 72 YEARS, 2. SMT. CA TARA BEVINJE W/O SHRI. CA M.V. NARAYANA MURTHY AGED ABOUT 67 YEARS. BOTH THE PARTIES ARE RESIDING AT FLAT NO. T8 AND 9, SRIVASTAV PRASIDDI APARTMENTS, NO. 58, BIKASIPURA MAIN ROAD, YELECHENAHALLI, BENGALURU - 560 062. …PETITIONERS (BY SRI. SUMANA NAGANAND.,ADVOCATE) AND: 1. SHRI CA G SATHYANARAYANA S/O SHRI. S. GANAPATHI HEGDE AGED ABOUT 57 YEARS, RESIDING AT NO. 74, 5TH MAIN, PRAMOD LAYOUT, PANTHARAPALYA, BENGALURU - 560039. 2. SHRI.CA.M.G.RAGHUVEER S/O LATE M.R.GOPALASWAMY AGED 70 YEARS RESIDING AT NO.15/17, RAKSHA ARCADE, I MAIN ROAD, MARENAHALLI, VIJAYANAGAR BENGALURU 560 040 …RESPONDENTS (R1- SERVED; NOTICE TO R2 IS D/W V/O 7.8.25) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30855 CMP No. 543 of 2024 THIS CIVIL MISC. PETITION IS FILED UNDER SECTIONS 11(5) AND 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996. PRAYING TO APPOINT AN APPROPRIATE ARBITRAL TRIBUNAL TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENT UNDER CLAUSE 10 OF THE AGREEMENT DATED 19.11.2020 (ANNEXURE-D), ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the petitioners. Respondent No.1 is served but, remained unrepresented. 2. The petitioners have sought for appointment of an Arbitrator to adjudicate the dispute that has arisen between the parties in terms of the Clause 10 of the Agreement dated 19.11.2020 (Annexure-D), in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 3. Learned counsel appearing for the petitioners submitted that, as serious disputes and differences have arisen between the petitioners and the respondent under the Agreement dated 19.11.2020 for admission of new partners in - 3 - HC-KAR NC: 2025:KHC:30855 CMP No. 543 of 2024 the existing partnership and, also regarding the performance of the obligations of the respondent; and, as Clause 10 of the Agreement provides that, any dispute under the Agreement dated 19.11.2020 will have to be resolved through the Arbitration, the petitioners invoked Clause 10 of the Agreement dated 19.11.2020 and issued a legal notice dated 30.09.2024 nominating its arbitrator for adjudication of the disputes between the parties. Since there was no response from the respondent to the said notice, the present petition is filed, as the dispute is required to be adjudicated by an Arbitrator. 4. Having taken note of the submission made by the learned counsel for the petitioners and as per Clause 10 of the Agreement dated 19.11.2020 for admission of new partners in the existing partnership, I am of the view that, this petition under Section 11(6) of the Act, 1996 be allowed. 5. Accordingly, I pass the following order : ORDER i) Petition is allowed; ii) Shri Justice Vishwanath.V.Angadi, Former District Judge, to enter into the said reference of Arbitration and act as the Sole - 4 - HC-KAR NC: 2025:KHC:30855 CMP No. 543 of 2024 Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre; iii) The parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru, on 08.09.2025 at 11 am. iv) All claims and contentions of the parties are left/kept open to be decided by the Arbitral Tribunal. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. SD/- (E.S.INDIRESH) JUDGE rs List No.: 2 Sl No.: 4