- 1 - HC-KAR NC: 2025:KHC:43885 CMP No. 63 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 63 OF 2025 BETWEEN: MR. NUTHAN T S S/O B N SHIVANNA AGED ABOUT 38 YEARS R/AT NO. 648, 5TH MAIN 5TH CROSS, M C LAYOUT VIJAYANAGAR BANGALORE 560 040 …PETITIONER (BY SRI. CHANDRASHEKHARA REDDY K N., ADVOCATE) AND: 1. M/S NAB LPG STATION NO. 33, 1ST STAGE INDUSTRIAL TOWN WEST OF CHORD ROAD WARD NO. 21 BASAVESHWARANAGAR BANGALORE 560 079 REP BY BHAVATHI K ANANTH AS THE ACTIVE PARTNER OF THE FIRM 2. MRS. BHAVATHI K ANANTH W/O NAVEEN T S AGED ABOUT 36 YEARS R A/T NO. 406, 4TH CROSS, SITE NO. 562/1, HIG COLONY DOLLARS COMFORT APARTMENT 1ST CROSS RMV 2ND STAGE BENGALURU 560 094 …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43885 CMP No. 63 of 2025 (BY SRI. SHIVAKUMAR.N., ADVOCATE FOR R1 & R2) THIS CMP IS FILED UNDER SECTIION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH RULE 2 OF SCHEME FOR APPOINTMENT OF ARBITRATOR BY HIGH COURT OF KARNATAKA PRAYING TO APPOINTMENT AN ARBITRATOR BY EXERCISING THE POWER U/S. 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 WHO EVER SUITABLE AS SOLE ARBITRATOR AT BENGALURU CITY AND DIRECT THE ARBITRATOR TO ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS WITH RESPECT OF THE PARTNERSHIP DEED DATED 23.11.2020 PRODUCED AS ANNEXURE A IN RESPECT OF THE INVESTMENT AND REMAINING PROFIT AND CONTINUE THE PARTNERSHIP CONTRACT SMOOTHLY BY PAYING THE PROFIT AND STICK ON TO THE TERMS AND CONDITIONS WITH SCHEME AND PASS SUCH OTHER ORDERS THAT THIS HONBLE COURT DEEMS FIT TO GRANT ON THE FACTS AND THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS CMP, 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: a. To appoint an Arbitrator by exercising the power under Section 11(5) of the Arbitration and Conciliation Act of 1996 who ever suitable as sole arbitrator at Bengaluru City and direct the arbitrator to adjudicate the dispute that has arisen between the petitioner and the respondents with respect of the partnership deed dated 23.11.2020 produced as Annexure- A in respect of the investment and remaining profit and continue the partnership contract smoothly by paying the profit and stick on to - 3 - HC-KAR NC: 2025:KHC:43885 CMP No. 63 of 2025 the terms and conditions with scheme and pass such other orders that this Hon’ble Court deems fit to grant on the facts and circumstances of the case in the interest of justice and equity. b. Pass any other order(s) or direction(s) that this Hon’ble Court may deem fit and proper in the facts and circumstances 2. Though the petitioner has issued several notices to the respondents, the petitioner has only indicated that the petitioner would be taking steps for appointment of an arbitrator without nominating his arbitrator. 3. In that view of the matter, the requirements of Section 21 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’) are not satisfied. Reserving liberty to the petitioner to issue a fresh notice in compliance with Section 21 of the act, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 62