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2026 DAILYLAW 41210 (KAR)

SRI. JAYA GANESH v. M/S ULTRA INSTRUMENTS

CMP/176/2026 · 2026-09-17

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010262572026 NC: 2026:KHC:50784 CMP No. 176 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 176 OF 2026 BETWEEN: SRI. JAYA GANESH S/O JAYA RAMAN AGED 57 YEARS R/AT NO. 40, COCONUT GARDEN KALENA AGRAHARA, NOBONAGAR BANGALORE-560076. …PETITIONER (BY SRI. N SIVA SHANKAR., ADVOCATE) AND: 1. M/S ULTRA INSTRUMENTS NO. 39/1-9, III FLOOR, ULTRA MANOR KRISHNA EXTN. HULIMAVU BANGALORE-560 076 REP. BY ITS PARTNERS. 2. M/S ULTRA INTERNATIONAL NO. 39/1-9, II FLOOR, ULTRA MANOR KRISHNA EXTN, HULIMAVU BANGALORE-560 076 REP. BY ITS PARTNERS. 3. M/S ULTRA LAB PRODUCTS NO. 39/1-9, GROUND FLOOR ULTRA MANOR, KRISHNA EXTN HULIMAVU BANGALORE-560 076 REP. BY ITS PARTNERS 4. M/S ULTRA ASSOCIATES NO. 39/1-9, III FLOOR, ULTRA MANOR KRISHNA EXTN, HULIMAVU Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010262572026 NC: 2026:KHC:50784 CMP No. 176 of 2026 BANGALORE-560 076 REP. BY ITS PARTNERS. 5. M/S ULTRA FINE CHEM AND INST NO. 39/1-9, III FLOOR, ULTRA MANOR KRISHNA EXTN, HULIMAVU BANGALORE-560 076 REP. BY ITS PARTNERS. 6. M/S ULTRA INSTRUMENTS NO. 26, BHAVANA COLONY PHASE 1, BOWENPALLY SECUNDERABD 500 001. REP. BY ITS PARTNERS. 7. SRI T S RAJESH S/O SOMANNA T S AGED 50 YEARS R/AT NO. 104, 7TH MAIN, SECTOR 1 CANARA BANK OFFICERS COLONY NOBONAGAR,OFF B G ROAD BANGALORE-560 076. 8. SRI ANIRUDDHA SAHA S/O NITAIDAS SAHA ANAMITRA TOWER A-WING, FLAT 1204, PRAKRUTI PARK BRAHMAND, THANE, MAHARASHTRA. 9. SRI SADHAN PARIAL S/O BISWANATH PARIAL FLAT NO. 104, FIRST FLOOR CLASSIQUE B NEELKANTH PALM CO HSG SOCIETY, VIDYAPEETH KAPURBAWDI JUNCTION THANE, MAHARASTRA. 10. SRI SHASHI KUMAR CHERUKAT VILLA NO. 38, ROYAL MEADOWS KOMPALLY, HYDERABAD TELENGANA 500014. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010262572026 NC: 2026:KHC:50784 CMP No. 176 of 2026 11. SMT VIDYA LAKSHMI JAYA GANESH W/O JAYA GANESH AGED 55 YEARS R/AT NO. 40, COCONUT GARDEN KALENA AGARAHARA, NOBONAGAR BANGALORE-560076. …RESPONDENTS (BY SRI.PONNANNA M.B., ADVOCATE FOR R7 TO R9: SMT. DEEPASHREE S, ADVOCATE FOR R10 NOTICE TO R1 TO R6 AND R11 STANDS DISPENSED WITH V/O DATED: 07.07.2026) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT PRAYING TO APPOINT AN ARBITRATOR EMPANELED AT THE ARBITRATION AND CONCILIATION CENTER, BENGALURU ADMINISTERED BY THE HIGH COURT OF KARNATAKA TO ARBITRATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT NO. 7, 8, 9 AND 10 REGARDING THE DISSOLUTION OF PARTNERSHIP FIRMS RESPONDENT NO. 1-6 AS PER THE CLAUSE NO. 17 OF THE PARTNERSHIP DEEDS ANNEXURE-A3 DATED: 31.03.2011, ANNEXURE-A5 DATED: 21.10.2010, ANNEXURE-A8 DATED:31.03.2011, ANNEXURE-A10 DATED: 08.12.2010, ANNEXURE-A11 DATED: 04.09.2014 AND ANNEXURE –A13 DATED:31.03.2011. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010262572026 NC: 2026:KHC:50784 CMP No. 176 of 2026 ORAL ORDER 1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), seeking appointment of a Sole Arbitrator for adjudication of the disputes that have arisen between the petitioner and the respondent Nos.7 to 10 under the Partnership Deed dated 31.03.2011 (Annexure-A3), Partnership Deed dated 21.10.2010 (Annexure-A5), Partnership Deed dated 31.03.2011 (Annexure-A8), Partnership Deed dated 08.12.2010 (Annexure-A10), Partnership Deed dated 04.09.2014 (Annexure-A11), Partnership Deed dated 31.03.2011 (Annexure-A13), particularly in terms of Clause 17 thereof. 2. There are six partnership firms. The petitioner and respondent No.7 are common partners in all the six partnership firms, whereas the other respondents i.e., respondent Nos.8 to 10 are partners in the respective partnership firms. Accordingly, six separate Partnership Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010262572026 NC: 2026:KHC:50784 CMP No. 176 of 2026 Deeds have been executed in respect of the said firms between the respective partners. Subsequently, disputes arose between the parties in relation to the said Partnership Deeds. 3. The aforesaid Partnership Deeds contain a common arbitration clause, namely, Clause 17 in all the Deeds, which reads as under: “17. ARBITRATION: Any differences which may arise between the partners of their presence or representatives regarding the interpretation of these presence here under or any other matter of thing concerning the firm all the affairs of the firm shall be referred to the arbitration for award of arbitrators to be nominated one each by the parties of dispute, who shall nominate an umpire before entering upon the reference and in the fear of any difference of opinion between them the matter shall be referred by the umpire under the provisions of Indian Arbitration Act, 1940.” 4. As the Partnership Deeds provide for resolution of disputes by way of arbitration, the petitioner issued Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010262572026 NC: 2026:KHC:50784 CMP No. 176 of 2026 notices dated 14.10.2025, vide Annexure-E series, to the respective respondents under Section 21 of the Act, invoking the arbitration clause. The respondents have replied to the said notices. Being dissatisfied with the replies, the petitioner has filed the present petition. 5. Notice issued by this Court has been duly served upon the respondents. Respondent Nos.7 to 10 have appeared through respective counsel. 6. Learned counsel for respondent Nos.7 to 9 and learned counsel for respondent No.10 submit that they have no objection to the appointment of Sole Arbitrator. 7. In view of the above, and having regard to the existence of the arbitration clause contained in the Partnership Deeds, this Court is of the opinion that a Sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. Accordingly, the following: Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 7 - HC-KAR CNR: KAHC010262572026 NC: 2026:KHC:50784 CMP No. 176 of 2026 ORDER a) Civil Miscellaneous Petition is allowed. b) Hon’ble Mr.Justice H.N.Nagmohan Das, Former Judge, High Court of Karnataka, is appointed as the Sole Arbitrator in the present case to arbitrate the disputes between the parties at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. c) All the claims and contentions of the parties are kept open. d) Registry is directed to communicate this order via E-mail to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, and also to Hon’ble Mr.Justice H.N.Nagmohan Das. e) Registry is directed to return all the original documents produced by any of the parties after obtaining Photostat copies of the same. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 8 - HC-KAR CNR: KAHC010262572026 NC: 2026:KHC:50784 CMP No. 176 of 2026 f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 16.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 37 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA