- 1 - HC-KAR NC: 2026:KHC:33419 CMP No. 527 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 527 OF 2025 BETWEEN: 1. MR NARAINDAS BODARAM (HUF) AGED ABOUT 86 YEARS, SON OF LATE MR. BODARAM AHUJA HAVING OFFICE AT, NO. 33, SNS CHAMBERS, 239 SANKEY ROAD, SADASHIVANAGAR, BANGALORE - 560 080 2. MRS. SAPNA AHUJA, AGED ABOUT 54 YEARS, D/O MR. NARAINDAS BODARAM, REPRESENTED BY HER GPA HOLDER MR. NARAINDAS BODARAM HAVING OFFICE AT, NO. 33, SNS CHAMBERS, 239 SANKEY ROAD, SADASHIVANAGAR, BANGALORE - 560 080 3. MRS. SHARMILA AHUJA, ALIAS SHARMILA NICHANI AGED ABOUT 52 YEARS, D/O MR. NARAINDAS BODARAM, REPRESENTED BY GPA HOLDER, MR. NARAINDAS BODARAM HAVING OFFICE AT, NO. 33, SNS CHAMBERS, 239 SANKEY ROAD, SADASHIVANAGAR, BANGALORE - 560 080 4. MRS. ANJU AHUJA ALIAS VARSHA HASSANAND, AGED ABOUT 49 YEARS, D/O MR. NARAINDAS BODARAM, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33419 CMP No. 527 of 2025 HAVING OFFICE AT, NO. 33, SNS CHAMBERS, 239 SANKEY ROAD, SADASHIVANAGAR, BANGALORE - 560 080 …PETITIONERS (BY SRI. BHARATH.S. ADVOCATE FOR SRI. BADRI VISHAL, ADVOCATE) AND: 1. MR SUNIL S BATHIJA AGED ABOUT 55 YEARS, S/O LATE MR. SHAMSUNDER R. BATHIJA RESIDING AT, NO. 7, 9TH MAIN, SADASHIVANAGAR, BENGALURU 560 080. 2. MRS. SUNITHA S. BATHIJA AGED ABOUT 74 YEARS, WIFE OF MR. SHAMSUNDER R. BATHIJA, RESIDING AT, NO. 46-E, FAIRFIELD LAYOUT, RACECOURSE ROAD, BENGALURU 560 001. 3. MR. ANIL S. BATHIJA AGED ABOUT 54 YEARS, S/O LATE MR. SHAMSUNDER R BATHIJA, RESIDING AT, NO. 46-E, FAIRFIELD LAYOUT, RACECOURSE ROAD, BENGALURU - 560 001. 4. DR. P. DAYANANDA PAI AGED ABOUT 77 YEARS, SON OF LATE SRI. NARASIMHA PAI, RESIDING AT #25, 'MADHUVAN', SAHAKARNAGAR, BYATARAYANAPURA, BANGALORE 560 092. 5. MR. P. SATISH PAI AGED ABOUT 76 YEARS, SON OF LATE. P. NARASIMHA PAI, RESIDING AT #9, 'ASHWINI', 8TH MAIN, RAJMAHAL VILAS EXTENSION, SADASHIVA NAGAR, BANGALORE 560 080. 6. MRS. MOHINI D. PAI, - 3 - HC-KAR NC: 2026:KHC:33419 CMP No. 527 of 2025 AGED ABOUT 73 YEARS, WIFE OF DR. P. DAYANANDA PAI, RESIDING AT #25, 'MADHUVAN', SAHAKARNAGAR, BYATARAYANAPURA, BANGALORE - 560 092 7. MRS. P. SABITHA PAI, AGED ABOUT 67 YEARS, WIFE OF SRI. P SATISH PAI, RESIDING AT #9, ‘ASHWINI', 8TH MAIN, RAJMAHAL VILAS EXTENSION, SADASHIVA NAGAR, BANGALORE 560 080. 8. MR. H. YASHWANTH SHENOY, AGED ABOUT 58 YEARS, SON OF SRI. LATE HEJAMADY VISHWANATH SHENOY, RESIDING AT NO.35, 'CHETANA', 3RD MAIN, ASHWINI LAYOUT, EJIPUTA, BANGALORE 560 047. 9. MR. JAYAVANTH SHENOY, AGED ABOUT 63 YEARS, SON OF SRI. LATE HEJAMADY VISHWANTH SHENOY, RESIDING AT #155/1, “VISHWAS”, 8TH CROSS, S T BED LAYOUT, KORAMANGALA, BANGALORE - 560 034. …RESPONDENTS (BY SRI. SUHAS S., ADVOCATE FOR SRI. V.C. RAJU, ADVOCATE FOR R-1 SRI. AMIT MANDAGI, ADVOCATE FOR R-2 AND R-3 SRI. ABHISHEK PATIL, ADVOCATE FOR R-8 R-4, R-5, R-6, R-7, R-9 ARE SERVED. STATEMENT OF OBJECTION FILED IN COURT IN K/B FILED BY ADVOCATE FOR R-1) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATION TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONERS AND THE - 4 - HC-KAR NC: 2026:KHC:33419 CMP No. 527 of 2025 RESPONDENTS IN TERMS OF CLAUSE 22 OF THE RECONSTITUTION DEED DATED 2.04.2010 AT ANNEXURE - B AND PASS SUCH OTHER ORDERS AS THIS HONBLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CMP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The dispute is amongst the partners of a firm, and the petitioners' request is for the appointment of a sole arbitrator. The petitioners propose to retire from the firm, and in fact it is placed on record that the parties to the proceedings are partners of certain other firms involved in other disputes. This Court, when called upon to appoint a sole arbitrator in one of the disputes, has appointed a former Judge of this Court to be the sole arbitrator. This is seen from a copy of the order dated 23.04.2026 in CMP No.524/2025, which is placed on record as one instance. - 5 - HC-KAR NC: 2026:KHC:33419 CMP No. 527 of 2025 In the circumstances, this Court is of the view that the petition must be allowed appointing Hon’ble Mr. Justice Srinivas Harish Kumar, a former Judge of this Court, as the sole arbitrator leaving open all questions to be considered in the arbitral proceedings. Hence, the following ORDER [A] The petition is allowed, and Mr. Justice Srinivas Harish Kumar, a former Judge of this court, is appointed as the sole arbitrator to enter reference of the dispute between the petitioner and respondents and conduct the proceeding at the Arbitration and Conciliation Centre [Domestic and International], Bengaluru according to the Rules governing the Arbitration and - 6 - HC-KAR NC: 2026:KHC:33419 CMP No. 527 of 2025 Conciliation Centre [Domestic and International], Bengaluru. [B] The Registry is directed to communicate this order [through email] to the Arbitration and Conciliation Centre [Domestic and International], Bengaluru and Shri Justice Sreenivas Harish Kumar, No.1878, ‘Brindavana’, Swamy Vivekananda Road, 7th Block, Further extension, Sir. M. V. Nagar Layout, Bengaluru - 560 091 [e-mail id: ullods98@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. [C] The submissions of the learned counsels that the addresses of the parties as mentioned in the cause title - 7 - HC-KAR NC: 2026:KHC:33419 CMP No. 527 of 2025 are also the current address of the parties is taken on record, and the parties are directed to appear before the Director, the Arbitration and Conciliation Centre [Domestic and International], Bengaluru, on 03.08.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 5 Sl No.: 6