- 1 - HC-KAR NC: 2026:KHC:18089 CMP No. 716 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.716 OF 2025 BETWEEN: MR. GAUTAM R. SHETTY SON OF LATE B.R. SHETTY AGED ABOUT 66 YEARS RESIDING AT NO.51, SRINIVAGILU VILLAGE CHANDRA REDDY LAYOUT, 4TH BLOCK KORAMANGALA, BENGALURU - 560 047. …PETITIONER (BY SRI. SRIDHARA.N., ADVOCATE) AND: 1. MR. MOHAN N.J. MONTEIRO AGED ABOUT 65 YEARS S/O. LATE P.A.L MONTEIRO AND LATE FLOSSY MONTEIRO RESIDING AT NO. A-3, DHANAVANTRI APARTMENTS, MAHAJANA COLLEGE ROAD JAYALAKHSMIPURAM, MYSORE - 570 012 2. MR. MANOHAR MONTEIRO AGED ABOUT 70 YEARS S/O LATE P.A.L MONTEIRO AND LATE FLOSSY MONTEIRO RESIDING AT NO.405, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18089 CMP No. 716 of 2025 'SUMMIT APARTMENTS' AIRPORT ROAD, MARYHILL, MANGALORE - 575 008 3. MRS. MEERA MONTEIRO D/O LATE P.A.L MONTEIRO AND LATE FLOSSY MONTEIRO RESIDING AT NO. A-3, DHANAVANTRI APARTMENTS, MAHAJANA COLLEGE ROAD, JAYALAKHSMIPURAM, MYSORE - 560 012 …RESPONDENTS (BY SRI. M.C. JAYAKIRTHI, ADVOCATE FOR R1 AND R3 R2 - SERVED AND UNREPRESENTED) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONERS AND RESPONDENT IN TERMS OF CLAUSE 25 OF THE PARTNERSHIP DEED DATED 01.04.2002 (ANNEXURE A) AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2026:KHC:18089 CMP No. 716 of 2025 ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this petition, petitioner has sought for appointment of Arbitrator as per Clause-25 of the Partnership Deed dated 01.04.2002 at Annexure-A to the petition. 3. Learned counsel appearing for the petitioner sought for appointment of the Arbitrator based on Clause-25 of the Partnership Deed at Annexure-A. 4. Per contra, learned counsel appearing for respondent Nos.1 and 3 sought the attention of the Court to Clause-21 of the Partnership Deed at Annexure-A and submitted that the appointment of the Arbitrator is not necessitated in view of the issue involved between the parties are concerned. 5. In the light of the submission made by the learned counsels appearing for the parties and on careful consideration of Clause-21 of the Partnership Deed dated 01.04.2002 at Annexure-A, wherein the rights and liabilities of the retiring partner has to be stated and Clause-25 of the Partnership Deed - 4 - HC-KAR NC: 2026:KHC:18089 CMP No. 716 of 2025 at Annexure-A, I am of the view that appointment of the Arbitrator is necessary for resolution of the dispute between the parties. 6. Accordingly, this petition under Section 11(6) of the Act, 1996 is allowed. Sri. M.G.Sudheendra, Retired District Judge is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Arbitration Centre. 7. Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 28.04.2026 at 11.00 a.m., without waiting for further notice in this regard. On appearance of the parties, learned Arbitrator is requested to resolve the dispute at the earliest. 8. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. - 5 - HC-KAR NC: 2026:KHC:18089 CMP No. 716 of 2025 9. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter. 10. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. Sd/- (E.S.INDIRESH) JUDGE SMJ List No.: 1 Sl No.: 40