- 1 - HC-KAR NC: 2025:KHC:44099 CMP No. 99 of 2024 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. 99 OF 2024 BETWEEN: 1. SRI C N BYREGOWDA, S/O NANJUNDAPPA, AGED ABOUT 49 YEARS, R/AT CHINTADAPI VILLAGE, CHEEMANGALA POST, SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562 105. 2. SMT. ANUSUYA, W/O C N BYREGOWDA, AGED ABOUT 41 YEARS, R/AT CHINTADAPI VILLAGE, CHEEMANAGALA POST, SIDLGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562 105. 3. SRI S NATARAJ, S/O LATE SEENAPPA, AGED ABOUT 56 YEARS, R/AT SONNASHETTIHALLI, NEAR VANI SCHOOL, CHINTHAMANI TOWN, CHIKKABALLAPUR DISTRICT - 562 125. 4. SMT. R. MAMATHA, W/O S. NATARAJ, AGED ABOUT 41 YEARS, R/AT SONNASHETTIHALLI, NEAR VANI SCHOOL, CHINTHAMANI TOWN, CHIKKABALLAPUR DISTRICT - 562125. 5. SMT. R. KANTHAMMA, W/O LATE S. RAVICHANDRA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44099 CMP No. 99 of 2024 AGED ABOUT 43 YEARS, R/AT SONNASHETTIHALLI, NEAR VANI SCHOOL, CHINTHAMANI TOWN, CHIKKABALLAPUR DISTRICT - 562125. …PETITIONERS (BY SRI PRAKASH B S, ADVOCATE) AND: 1. SRI K SRINIVASA, S/O GORLA KONAPPA, AGED ABOUT 51 YEARS, R/AT K. RAGHUTTAAHALLI VILLAGE, KOTAGAL POST, CHINTHAMANI TALUK, CHIKKABALLAPUR DISTRICT - 563 123. 2. SMT. Y K MANJULA, W/O K. SRINIVASA, AGED ABOUT 44 YEARS, R/AT K. RAGHUTTAAHALLI VILLAGE, KOTAGAL POST, CHINTHAMANI TALUK, CHIKKABALLAPUR DISTRICT - 563123. …RESPONDENTS (BY SRI SANDESH P NADIGER, ADVOCATE) THIS CIVIL MISC. PETITION UNDER SUB SECTION (6) OF SECTION 11 OF THE ARBITRATION AND CONCILIATION (AMENDEMENT) ACT 2015, PRAYING FOR THE FOLLOWING ORDERS (A) AN ARBITRATOR BE APPOINTED AS PER CLAUSE 21 OF THE PARTNERSHIP DEED DATED 12/11/2013 PRODUCED AT ANNEXURE-A WITH DIRECTIONS TO ENTER INTO REFERENCE, COMPLETE THE PROCEEDINGS AND GIVE THE AWARD WITHIN SUCH TIME AS THIS HON'BLE COURT MAY BE PLEASED TO DETERMINE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44099 CMP No. 99 of 2024 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioners are before this Court seeking for the following reliefs: a. "An Arbitrator be appointed as per clause 21 of the Partnership Deed dated 12/11/2013 produced at Annexure-A with directions to enter into reference, complete the proceedings and give the Award within such time as this Hon'ble Court may be pleased to determine. b. Further orders be made and directions be given as to this Hon'ble Court may deem fit and proper." 2. The Petitioners and the Respondents had entered into a partnership agreement on 12.11.2013 which is governed by an Arbitration Clause in terms of Clause 21, which is reproduced hereunder for easy reference: “21. ARBITRATION: That in the event of any dispute among the partners or their legal representatives, about the interpretation of this deed as to their rights and liabilities thereunder or any matter whatsoever touching upon the partnership affairs, whether in course or on about termination of the partnership or thereafter shall be settled by arbitration and the provisions of the Indian Arbitration Act, shall in that behalf apply.” - 4 - HC-KAR NC: 2025:KHC:44099 CMP No. 99 of 2024 3. There being certain dispute between the partners, after the death of one of the partners namely Sri.S.Ravichandra, whose wife is Petitioner No.5 herein. A notice came to be issued on 15.11.2021 invoking the Arbitration Clause and appointing a nominee of the petitioner. Though the said notice has been served on the respondent, there was no reply there to. 4. The petitioners also had filed the proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 in COMM.A.A.No.02/2023. In that background, the petitioners are before this Court seeking for the aforesaid reliefs. 5. Sri Sandesh P. Nadiger, learned counsel for the respondents would submit that on expiry of one of the partners namely Sri.S.Ravichandra, the partnership has come to an end and as such, no invocation of arbitration clause could be made thereafter. - 5 - HC-KAR NC: 2025:KHC:44099 CMP No. 99 of 2024 6. I am unable to accept the said submission of the learned counsel for the respondents inasmuch as on expiry of one of the partners, the benefits and the entitlement of the said partner would devolve on his legal heirs. It is in that background that Petitioner No.5 had called upon the respondents to make payment of her dues and to comply with her demands, which not having been done as resulted in, the present proceedings. 7. The partnership deed having been admitted. The disputes being required to be adjudicated by way of arbitration. The issue as regards one of the partners expiring would not put to an end the manner of adjudication of the disputes governed under Clause 21 of the said partnership deed. 8. In that background, I pass the following: ORDER i. The CMP is allowed. - 6 - HC-KAR NC: 2025:KHC:44099 CMP No. 99 of 2024 ii. Sri. R.M.Vaidya, a Former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 12.11.2025. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 30