- 1 - HC-KAR NC: 2025:KHC:43376 CMP NO.134 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.134 OF 2025 BETWEEN: 1. NARAINDAS BODARAM S/O LATE BODARAM AHUJA, AGED ABOUT 86 YEARS. 2. ABHISHEK AHUJA S/O MR. NARAINDAS BODARAM, AGED ABOUT 38 YEARS. 3. GAURAV AHUJA S/O MR. NARAINDAS BODARAM, AGED ABOUT 36 YEARS. ALL ARE RESIDING AT: NO.201 - 202, 'C' BLOCK, ESTEEM RETREAT, ASHWATH NAGAR, GEDDAHALLI, R.M.V. 2 STAGE, DOLLARS COLONY, BENGALURU - 560 094. …PETITIONERS (BY SRI. V. SRINIVAS RAGHAVAN, SENIOR ADVOCATE FOR SRI. SAUDAT KIRMANI, ADVOCATE) AND: 1. SUNITHA S. BATHIJA W/O LATE SHYAMSUNDAR BATHIJA, AGED ABOUT 79 YEARS, R/AT NO.46-E, FAIRFIELD LAYOUT, RACE COURSE ROAD, BENGALURU - 560 001. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43376 CMP NO.134 OF 2025 2. SUNIL S. BATHIJA S/O LATE MR. SHYAMSUNDAR BATHIJA, AGED ABOUT 55 YEARS, R/AT HOUSE NO.7, 9TH MAIN, SADASHIVANAGAR, BENGALURU -560 080. 3. ANIL BATHIJA S/O LATE MR. SHYAMSUNDAR BATHIJA, AGED ABOUT 53 YEARS, NO.46-E, FAIRFIELD LAYOUT, RACE COURSE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. AMIT A. MANDGI, ADVOCATE FOR R1 AND R3; SMT. MANASA B. RAO, ADVOCATE FOR R2) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT HON'BLE MR. JUSTICE A.V. CHANDRASHEKARA, RETIRED JUDGE, HIGH COURT OF KARNATAKA AS SOLE ARBITRATOR TO HEAR, DECIDE AND ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS IN TERMS OF THE ARBITRATION CLAUSE CONTAINED AT CLAUSE NO.12 IN THE PARTNERSHIP DEED DATED 26TH DECEMBER, 2013 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 - 3 - HC-KAR NC: 2025:KHC:43376 CMP NO.134 OF 2025 ORAL ORDER In this petition, petitioners are seeking to appoint the retired Judge of this Court as Sole Arbitrator to hear, decide and adjudicate the disputes that have arisen between the petitioners and respondents in terms of the Clause 12 of the Deed of Partnership dated 26th December, 2013 (Annexure-A). 2. Heard Sri. V. Srinivas Raghavan, learned Senior Counsel on behalf of Sri. Saudat Kirmani, appearing for petitioners; Sri. Amit A. Mandgi, learned counsel appearing for respondents 1 and 3; and Smt. Manasa B. Rao, learned counsel appearing for the respondent No.2. 3. Sri. V. Srinivas Raghavan, learned Senior Counsel appearing for petitioners, by referring to the Clause 12 of the Deed of Partnership dated 26th December, 2013 (Annexure-A) submitted that the provision has been made for appointment of Sole Arbitrator to resolve the dispute between the partners. It is also argued by learned Senior Counsel that, ten days time as stipulated at Clause 12.2 is with regard to appointment of Arbitrator and the same cannot be considered as limitation to appoint the Arbitrator. Accordingly, he sought for interference - 4 - HC-KAR NC: 2025:KHC:43376 CMP NO.134 OF 2025 of this Court to appoint a Sole Arbitrator to resolve the dispute between the parties. 4. Per contra, Sri. Amit A. Mandagi, learned counsel appearing for respondents 1 and 3 and Smt. Manasa B. Rao, learned counsel appearing for the respondent No.2 invited the attention of the Court to Clause 12.2 of the Deed of Partnership dated 26th December, 2013 (Annexure-A) and submitted that the petition is barred by limitation since, the Sole Arbitrator has to be appointed by the partners holding majority share in the firm within ten days of the commencement of dispute between the parties. Accordingly, they sought for dismissal of the petition. 5. In the light of submission made by learned counsel appearing for the parties, I have perused the Arbitration Clause in the Deed of Partnership dated 26th December, 2013 (Annexure-A), which reads as under: "12. Arbitration: 12.1. All disputes arising between the Partners in relation to the Firm shall be resolved by reference to Arbitration by reference to a sole Arbitrator. - 5 - HC-KAR NC: 2025:KHC:43376 CMP NO.134 OF 2025 12.2. The sole arbitrator shall be appointed by the partners holding majority share in the firm within 10 days of the commencement of dispute as defined under the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. Such arbitration award shall be final and binding upon all the parties." 6. On perusal of the Arbitration clause, it is not in dispute that the parties in this petition are the partners and legal representatives of the deceased partners to the Firm as per the Deed of Partnership dated 26th December, 2013 (Annexure-A). Clause 12.1 provides provision for resolution of dispute by the Arbitrator in the event of dispute arises between the partners to the Firm. Clause 12.2 provides for appointment of Arbitrator by the partners holding majority share in the Firm within ten days of the commencement of a dispute. 7. In the backdrop of these aspects, on careful consideration of the Notice dated 05th December, 2024 (Annexure-F) issued by the petitioners invoking Arbitration clause makes it clear that the Clause 12.2 to be interpreted to appoint the Sole Arbitrator to resolve the dispute between the parties within ten days of commencement of the dispute, however, the same shall not be considered for appointment of - 6 - HC-KAR NC: 2025:KHC:43376 CMP NO.134 OF 2025 Arbitrator by this Court, exercising Section 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996. In that view of the matter, I am of the view that, it is necessary to appoint a Sole Arbitrator to resolve the dispute between the parties. 8. Therefore, Hon'ble Mr. Justice Sreenivas Harish Kumar, Former Judge of this Court is appointed to act as a Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru as per the extent Rules. In order to avoid further delay in the matter, parties are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru on 01st December, 2025 at 11.00 a.m. 9. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 10. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru for proceeding further in the matter. - 7 - HC-KAR NC: 2025:KHC:43376 CMP NO.134 OF 2025 11. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 18