- 1 - HC-KAR NC: 2025:KHC:43379 CMP NO.137 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 MISC. PETITION NO. 137 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:43379 CMP NO.137 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, 1996 PRAYING TO APPOINT HON'BLE MR. JUSTICE A.V. CHANDRASHEKARA, RETIRED JUDGE, HIGH COURT OF KARNATAKA AS THE 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 IN THE DEED OF RECONSTITUTION OF PARTNERSHIP AT CLAUSE NO.20 DATED 24TH SEPTEMBER, 2013 VIDE ANNEXURE-B. 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:43379 CMP NO.137 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 20 of the Deed of Reconstitution of Partnership dated 24th September, 2013 (Annexure-B). 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. In the light of submission made by learned counsel appearing for the parties, I have perused the Arbitration Clause in the Deed of Reconstitution of Partnership dated 24th September, 2013 (Annexure-B), which reads as under: "20. In the event of any disputes arising between the parties herein either with regard to the carrying on the business of the firm or generally arising, out of the Deed of Partnership, such disputes shall be resolved by - 4 - HC-KAR NC: 2025:KHC:43379 CMP NO.137 OF 2025 arbitration in accordance with the Indian Arbitration Act, 1940, or any amendment thereof." 4. 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 Reconstitution of Partnership dated 24th September, 2013 (Annexure-A). 5. In the backdrop of these aspects, on careful consideration of the writ papers, the same would indicate that, Notice dated 05th December, 2024 (Annexure-F) has been issued by the petitioners invoking Arbitration clause under the Deed of Reconstitution of Partnership dated 24th September, 2013 (Annexure-B). 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. 6. 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 - 5 - HC-KAR NC: 2025:KHC:43379 CMP NO.137 OF 2025 appear before the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru on 01st December, 2025 at 11.00 a.m. 7. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 8. 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. 9. 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