Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:21086 CMP NO.473 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.473 OF 2023 BETWEEN:
SMT. PRABHAVATI M.
W/O SRI. C.R. LAKSHMINARAYAN, AGED ABOUT 55 YEARS, R/AT NO.277, 6TH CROSS, 1ST MAIN, DOMLUR LAYOUT, BENGALURU - 560 071.
REP. BY THE G.P.A. HOLDER MR. R.L. MAYUR SUPRATHIK. …PETITIONER (BY SRI. VIVEK HOLLA, ADVOCATE) AND:
1.
M/S SUNRISE GROUP A REGISTERED PARTNERSHIP FIRM, REGD. ADDRESS: NO.780, RAJBHAVAN, 9TH 'A' MAIN, INDIRANAGAR, 1ST STAGE, BENGALURU - 560 038 REP. BY PARTNER MR. RAJANNA B. AND OTHERS.
2.
MR. RAJANNA B.
S/O SRI. VARADAPPA, AGED ABOUT 39 YEARS, R/AT NO.25, BENDIGANAHALLI, MANDUR POST, BENGALURU EAST TALUK, BENGALURU - 560 049.
3.
MRS. M.S. DHANALAKSHMI W/O SRI. SHANKAR, AGED ABOUT 47 YEARS,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:21086 CMP NO.473 OF 2023
R/AT NO.424, 4TH 'G' MAIN ROAD, H.R.B.R. LAYOUT, 2ND BLOCK, KALYAN NAGAR, BENGALURU - 560 043.
4.
MR. JYOTHIR TEJOMAY S.
S/O SHANKAR, AGED ABOUT 47 YEARS, R/AT NO.424, 4TH 'G' MAIN ROAD, H.R.B.R. LAYOUT, 2ND BLOCK, KALYAN NAGAR, BENGALURU - 560 043. …RESPONDENTS (V/O DATED 17.04.2026, NOTICE TO R1 AND R2 IS HELD SUFFICIENT;
R3 AND R4 - SERVED)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO NOMINATE AND APPOINT A RETIRED JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES IN TERMS OF CLAUSE 17 OF THE PARTNERSHIP DEED DATED 03RD FEBRUARY, 2020 VIDE ANNEXURE-B AND CLAUSE 18 OF THE RECONSTITUTION OF PARTNERSHIP DEED DATED 18TH MARCH, 2021 VIDE ANNEXURE-C.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
In this petition, the petitioner is seeking an appointment of Sole Arbitrator in terms of Clause 17 of the Partnership Deed dated 03rd February, 2020 (Annexure-B) and Clause 18 of the Reconstitution of Partnership Deed dated 18th March, 2021
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HC-KAR NC: 2026:KHC:21086 CMP NO.473 OF 2023
(Annexure-C) to adjudicate the dispute arisen between the parties.
2. Heard Sri. Vivek Holla, learned counsel appearing for the petitioner. Respondents 3 and 4 are served and remained absent.
3. Taking into consideration the fact that, Clause 17 of the Partnership Deed dated 03rd February, 2020 (Annexure-B) and Clause 18 of the Reconstitution of Partnership Deed dated 18th March, 2021 (Annexure-C) provides for resolution of dispute between the parties through arbitration, I am of the view that, appointment of Former Judge of this Court as Sole Arbitrator is necessary to resolve the dispute between the parties.
4. Therefore, Hon'ble Sri. Justice Ajit J. Gunjal, Former Judge of this Court is appointed as an Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.
5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.
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HC-KAR NC: 2026:KHC:21086 CMP NO.473 OF 2023
6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru for proceeding further in the matter.
7. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file.
Accordingly, Civil Miscellaneous Petition is disposed of.
SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 2 Sl No.: 1