- 1 - HC-KAR NC: 2026:KHC:9356-DB WP No. 37042 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 37042 OF 2025 (GM-RES) BETWEEN: 1. SRI M.N. SREENIVASA S/O LATE SRI.M.N. NARAYANA REDDY AGED ABOUT 54 YEARS 442-D,14TH CROSS BEML LAYOUT, THUBARAHALLI BANGALORE 560 065 2. SRI M.N. PRABHAKAR S/O LATE SRI.SRI M.N. NARAYANA REDDY AGED ABOUT 53 YEARS 756, 1 CROSS, 7 MAIN CROOK FIELD BEML LAYOUT, 6TH STAGE THUBARAHALLI, BANGALORE 560 065. 3. M/S M N ENTERPRISES PARTNERSHIP FIRM OFFICE AT SY NO. 82/48, 3. DODDAKANNAHALLI VILLAGE VARTHUR HOBLI BANGALORE 560 035 REPRESENTED BY ITS PARTNER SRI. M.N. SREENIVAS …PETITIONERS (BY SRI. UDAYA HOLLA, SENIOR ADVOCATE FOR SRI. CHENNAKESHAVA B S., ADVOCATE) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9356-DB WP No. 37042 of 2025 AND: 1. NOVUS INDIANA LEISUREZ LLP PARTNERSHIP FIRM HAVING ITS OFFICE AT NO 23, SIVA ARCADE, 3 FLOOR 29 MAIN, 1ST STAGE, BTM LAYOUT BANGALORE 560 068 REPRESENTED BY THROUGH ITS DESIGNATED PARTNER SRI CHANDRASEKHAR …RESPONDENT (BY SRI. S.S.NAGANAND, SENIOR ADVOCATE FOR SRI. AJAY RAO., ADVOCATE) ******* THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS BEFORE THE ARBITRAL TRIBUNAL COMPRISING SOLE ARBITRATOR JUSTICE A.V. CHANDRASHEKAR CONSTITUTED PURSUANT TO CMP NO.343/2021, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:9356-DB WP No. 37042 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed impugning the Notice dated 04.10.2025 issued by the Arbitral Tribunal presided by the Hon'ble Mr. Justice A. V. Chandrashekar (Retd.), Sole Arbitrator, whereby the petitioner, who is the respondent before the Arbitral Tribunal has been directed to file objections in respect of the application filed by the claimant/respondent for final decree. 2. The mandate of the learned Arbitrator expired on 12.05.2025. On the said date learned Arbitrator has passed award dated 12.05.2025. The order (Award) reads as under:- "AWARD Claim petition is allowed in part as under: (a) Parties have to render accounts of the partnership firm novus and Berrys India from 29.05.2018, the date on which it was - 4 - HC-KAR NC: 2026:KHC:9356-DB WP No. 37042 of 2025 reconstituted till 30.12.2022 the date of dissolution. (b) The monetary claims made by the parties as found in Issue Nos.4 to 9, the same will have to be decided in the final decree proceedings to be initiated by the parties separately. After the monetary liabilities of the parties is decided in the final decree proceedings, the amount due to the party/parties will carry interest at 12% per annum from the date it fell due till realization. (c) In so far as costs are concerned, the same will be considered in Final decree proceedings." 3. From a reading of the said award, it appears that the learned Arbitrator intended it to be the interim award. Nothing has been decided in the so-called award, despite the mandate being extended vide order dated 27.01.2025 up to 12.05.2025. 4. Considering the said position, the parties have agreed that another arbitrator be appointed, who may proceed from the stage of pleadings. If any additional - 5 - HC-KAR NC: 2026:KHC:9356-DB WP No. 37042 of 2025 pleadings are required to be filed, parties should be allowed to file additional pleadings. 5. Considering the consent of the learned Senior Counsels expressed during the course of hearing, we appoint Hon'ble Mr. Justice Sri N. Kumar (Retd.,) of this Court to enter into reference and proceed with the Arbitral dispute between the parties. 6. We direct the parties to co-operate in the proceedings, so that the arbitral proceedings get concluded at an early date. We request the learned Arbitrator appointed today to conclude the arbitral proceedings preferably within a period of 6 months. The arbitration proceedings shall take place at the Bengaluru Arbitration Center. 7. The Registry to convey this order to the sole Arbitrator appointed today. The parties also to convey this order. - 6 - HC-KAR NC: 2026:KHC:9356-DB WP No. 37042 of 2025 8. We request Hon'ble Mr.Justice A. V. Chandasekhar (Retd.,) to send the records of the arbitral proceedings to the Bengaluru Arbitration Center. 9. With the above observation, the present writ petition stands disposed of. 10. In view of disposal of the petition, pending interim applications, if any, do not survive for consideration and accordingly stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE NG CT: SN List No.: 2 Sl No.: 5