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2025 DAILYLAW 76995 (KAR)

B.N.SHIVAKUMAR v. M/S JYO UNISEX SALOON

CMP/548/2025 · 2025-11-28

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49660 CMP No. 548 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 548 OF 2025 BETWEEN: 1. B.N.SHIVAKUMAR S/O LATE B.K.NANJUNDAIAH, AGED ABOUT 52 YEARS NO.347/2, POOJA ARCADE, 5TH MAIN, 4TH CROSS, NEAR MUDA COMPLEX, VIJAYANAGAR 1ST STAGE, MYSURU - 570 005 …PETITIONER (BY SRI. K. SHRIHARI, ADVOCATE) AND: 1. M/S JYO UNISEX SALOON NO.5296, 1ST FLOOR, 3RD STAGE, DATTAGALLI LAYOUT, CHAMARAJ MOHALLA, MYSURU - 570 005 REP. BY ITS PARTNER JYOTHI R., 2. SMT. JYOTHI R., AGED ABOUT 31 YEARS NO.31, GROUND FLOOR, 6TH CROSS, RAILWAY QUARTERS, VIJAYANAGAR, MYSURU - 570 005 …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49660 CMP No. 548 of 2025 THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENTS AS PER THE ARBITRATION CLAUSE 15 MENTIONED IN THE DEED OF PARTNERSHIP DATED 2.03.2024 WHICH IS AT ANNEXURE A. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The returned cover indicates that the addressee has left without instruction and as such the notice under Section 21 of the Arbitration and Conciliation Act, 1996 has been returned to the sender. There being no service or deemed service, the notice issued cannot be said to be in compliance with Section 21 of the Arbitration and Conciliation Act, 1996 attracting sub- Section (4) of Section 11 of the Arbitration and Conciliation Act. - 3 - HC-KAR NC: 2025:KHC:49660 CMP No. 548 of 2025 2. Reserving liberty to the petitioner to issue a fresh notice at the current and proper address of the respondents and to approach this Court if so necessary, petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE VS List No.: 1 Sl No.: 14