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2026 DAILYLAW 10727 (KAR)

SANGEETHA M G@M.G SANGEETHA v. MRS NIVEDITA SHINDE

CMP/468/2025 · 2026-04-21

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:21973 CMP No. 468 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 468 OF 2025 BETWEEN: 1. SANGEETHA M G@M.G SANGEETHA @ SANGEETHA MUNTHA @ SANGEETA MUNTHA W/O. GOPALAKRISHNA MUNTHA AGED ABOUT 66 YEARS RESIDING AT 579, 4TH CROSS, HTM LAYOUT RT NAGAR, BENGALURU-560 032 2. SACHITA HERAL CHANNA KESHAVE @H.C SACHITA @ SACHITHA W/O. CHANNA KESHAVE HERAL RAMULU AGED ABOUT 56 YEARS, NOW RESIDING AT 29/17, RAJMAHAL VILAS EXTENSION 4TH CROSS, 9TH MAIN, SADASHIVANAGAR BENGALURU-560 080 …PETITIONERS (BY SRI. HARSH S. PAREKH.,ADVOCATE) AND: 1. MRS NIVEDITA SHINDE W/O. LATE SANTOSH A. SHINDE RESIDING AT NO. 208, UPPER PALACE ORCHARD BENGALURU-560 080 Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21973 CMP No. 468 of 2025 2. MRS. SONALI SUDHARSHAN SHINDE W/O. LATE SUDHARSHAN A. SHINDE NOW RESIDING AT UNIT NO. A403, EMPRESS COURT APARTMENT NO. 67B, DOBARWADI, GHORPADI, PUNE-411 001 …RESPONDENTS (BY SRI. AJESH KUMAR S.,ADV. FOR R1, R2 SERVED) THIS CIVIL MISC. PETITION FILED UNDER SEC.11(5) OF ARBITRATION AND CONCILIATION ACT., PRAYING TO APPOINT SHRI JUSTICE (RETD.) A.N. VENUGOPALA GOWDA, FORMER JUDGE OF THE HONBLE HIGH COURT OF KARNATAKA, OR ANY OTHER FIT AND PROPER PERSON AS THIS HONBLE COURT MAY DEEM APPROPRIATE AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES BETWEEN THE PETITIONERS AND THE RESPONDENTS IN TERMS OF CLAUSE 17 OF THE PARTNERSHIP DEED DATED 09.05.2022 (ANNEXURE A ) THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER After arguing for some time, learned counsel appearing for the petitioner seeks leave of the Court to withdraw the petition with liberty to send a fresh notice to the parties concerned, seeking appointment of the Arbitrator based on the Instrument of Reconstitution of Partnership dated 09.05.2022 as per Annexure-A. - 3 - HC-KAR NC: 2026:KHC:21973 CMP No. 468 of 2025 2. In this regard, Sri. Ajesh Kumar.S, learned counsel for respondent No.1 submitted that a defective notice under Section 21 of Arbitration and Conciliation Act, 1996, was issued as per Annexure-F series, wherein the partnership firm has not been arraigned as a party before this Court nor issued notice to the partnership firm. 3. Taking into consideration the submission made by learned counsel for the parties, I am of the view that, it is open for the petitioner herein to send notice to the partnership firm along with the partners concerned as to the claim made by the petitioner herein in terms of Clause 13 of the Instrument of Reconstitution of Partnership as Annexure-A. Accordingly, the petition is disposed of. SD/- (E.S.INDIRESH) JUDGE RS List No.: 2 Sl No.: 67