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2025 DAILYLAW 89696 (KAR)

SRI. D. BASAVARAJ YADAV v. SRI. G. D. KENCHAVEERAPPA

CMP/241/2025 · 2025-08-18

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31912 CMP No. 241 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 241 OF 2025 BETWEEN: 1. SRI. D. BASAVARAJ YADAV S/O LATE.B.DEVARAJ, AGED ABOUT 39 YEARS. 2. SRI.D.RAMAKANTH S/O LATE. B.DEVARAJ, AGED ABOUT 37 YEARS. BOTH ARE R/O JOGIMATTE ROAD, 4TH CROSS, CHITRADURGA-577501. …PETITIONERS (BY SRI. SIDDAPPA B M.,ADVOCATE) AND: 1. SRI. G. D. KENCHAVEERAPPA S/O DYAMAPPA, AGED ABOUT 72 YEARS. 2. G K RAKESH, S/O KENCHAVEERAPPA G D AGED 30 YEARS. BOTH ARE CARRYING BUSINESS AT SRI MARUTHI STONE CRUSHER, KADLEGUDDA VILLAGE & POST, CHITRADURGA TALUK AND DISTRICT. …RESPONDENTS (BY SRI. GOPALAKRISHNAMURTHY.C.,ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31912 CMP No. 241 of 2025 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO APPOINT SRI. N.S. SHYAM, SUNDAR S/O LATE SATYANARAYANA RAO, SR. ADVOCATE, AGED ABOUT 62 YEARS RESIDING AT MEGA SHYAMA NILAYA BESIDES AMBEDKAR CHOULTRY, NAGENDRA NAGARA, CHITRADURGA - 577501 OR ANY OTHER PERSON THAT THIS HONBLE COURT MAY DEEM FIT AS A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES AS PER THE CONDITION NO.19 MENTIONED IN THE REGISTERED PARTNERSHIP DEED DATED 12.01.2017 AS PER THE ANNEXURE - B TO THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER The petitioner has filed this petition seeking an appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. 2. Heard Sri Siddappa B.M., learned counsel appearing for the petitioners and Sri Gopalakrishnamurthy, learned counsel appearing for the respondents. 3. The petitioner has referred to Clause 19 of the Instrument of Partnership Deed dated 12.01.2017. Taking into consideration the arguments advanced by the learned counsel for the parties, I am of the view that Sri M G Sudheendra, Retired - 3 - HC-KAR NC: 2025:KHC:31912 CMP No. 241 of 2025 District Judge, be appointed as the Sole Arbitrator to resolve the dispute between the parties. The Sole Arbitrator to adjudicate the dispute between the parties at the Arbitration and Conciliation Centre, Bengaluru. Accordingly, Civil Miscellaneous Petition is disposed of. 4. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 5. 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. 6. Registry is directed to return all original documents produced by the parties after obtaining photostat copy of the same. The parties are directed to appear before the learned Arbitrator on 25th September, 2025. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 26