- 1 - HC-KAR CNR: KAHC010465372025 NC: 2026:KHC:52773 CMP No. 403 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 403 OF 2025 BETWEEN: MR.R.SHASHIMOHAN AGED ABOUT 47 YEARS S/O RAMAKRISHNAPPA HAVING ITS OFFICE AT 1204 1ST BLOCK, 12TH FLOOR NAGARJUNA MEADOWS, PHASE 2 BENGALURU-560 064. …PETITIONER (BY SRI. KARTHIK ANANDA, ADVOCATE FOR SMT. VANDANA P L., ADVOCATE) AND: 1. MRS. ASHA SATAPATHY W/O MR. AHIMANIKYA SATAPATH AGED ABOUT 49 YEARS PARTNER OF DEER CREEK COLLECTIVE 2. MR. AHIMANIKYA SATAPATHY S/O MR. PRAVAKAR SATAPATHY AGED ABOUT 53 YEARS PARTNER OF DEER CREEK COLLECTIVE R1 AND R2 ARE R/AT VILLA NO. H9, CHAITANYA SAMARPAN, WHITEFIELD HOSKOTE MAIN ROAD, KANNAMANGALA BENGALURU - 560067 …RESPONDENTS (BY SRI. ANUBHAB SARKAR., ADVOCATE FOR R1 R2) Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010465372025 NC: 2026:KHC:52773 CMP No. 403 of 2025 THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR JUSTICE MR. JUSTICE DR.K.BHAKTHAVATSALA (RETD)., AS A SOLE ARBITRATOR OR ANY OTHER ARBITRATOR/S AS UNDER SEC.11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, TO ADJUDICATE THE DISPUTE AND DIFFERENCES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS UNDER AND IN CONNECTION WITH THE PARTNERSHIP DEED DATED 14.10.2023, EXECUTED UNDER THE NAME AND STYLE OF DEER CREEK COLLECTIVE, IN TERMS OF CLAUSE 16 THEREOF VIDE ANNEXURE –A AND ETC. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition is filed under Section 11(5) 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 parties under the Partnership Deed dated 14.10.2023 particularly in terms of Clause 16 thereof, produced at Annexure-A. 2. Brief facts of the case are that, the petitioner and respondents agreed to form a partnership under the name Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010465372025 NC: 2026:KHC:52773 CMP No. 403 of 2025 and style of “Deer Creek Collective” for dealing in agricultural land and produce, with an understanding to acquire 100 acres of agricultural land in phases, commencing with 20 acres under the name of the partnership firm. The parties accordingly executed a registered Partnership Deed dated 14.10.2023 vide Annexure-A. It is contended that, though the petitioner undertook the groundwork for procurement of the land, respondent Nos.1 and 2 did not show interest in acquiring the remaining land beyond 12 acres and thereby violated the terms of the Partnership Deed. The petitioner further alleges that the respondents misappropriated the investors’ funds and invested substantial amount in their other companies. Subsequently, disputes arose between the parties in relation to the said Partnership Deed. 3. As the disputes arose between the parties, the petitioner, invoking the arbitration clause contained in the Partnership Deed, issued a notice dated 27.05.2025, vide Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010465372025 NC: 2026:KHC:52773 CMP No. 403 of 2025 Annexure-D, to the respondents under Section 21 of the Act. The said arbitration clause 16 reads as under: “16. GOD FORBID, if any dispute or difference shall arise between the partners regarding the construction of any of the articles herein contained or regarding the business affairs and accounts and other matters pertaining to the partnership or regarding the dissolution or winding up of the partnership, such disputes or differences shall be referred to a sole arbitrator if agreed upon by the partners or to two arbitrators, one to be appointed by each of the Parties and decision given by such arbitrator or arbitrators, as the case may be, shall be binding on the parties to the arbitration. Such arbitration shall be under and within the provisions of the Indian Arbitration Act 1996.” 4. The respondents sent a reply to the said notice dated 16.06.2025 vide Annexure-E, denying all the allegations made therein and refusing to consent for the appointment of an Arbitrator. Being dissatisfied with the said reply, the present petition is filed seeking appointment of a Sole Arbitrator. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010465372025 NC: 2026:KHC:52773 CMP No. 403 of 2025 5. Learned counsel appearing for the respondent submits that the notice contains an allegation that the respondents had promised to acquire 100 acres of land and sell the same within a short period of time. There is no such condition in the agreement and, therefore, no dispute has arisen between the parties in terms of the agreement. Hence, the present petition is not maintainable. 6. Learned counsel appearing for the petitioner has submitted that, apart from the promise to purchase 100 acres of land, there are other allegations set out in paragraphs 8, 10 and 11, which are in terms of the Partnership Deed. Since there is a dispute between the parties, he seeks appointment of a Sole Arbitrator. 7. Even though there is no reference in the Partnership Deed with regard to the acquisition of 100 acres of land by the respondents, in respect of the other disputes, it prima facie appears that they are related to the Partnership Deed. Since all these disputed issues cannot be decided by Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010465372025 NC: 2026:KHC:52773 CMP No. 403 of 2025 this Court under Section 11 of the Arbitration and Conciliation Act, all these contentions are left open for the parties to agitate before the learned Arbitrator. 8. Having regard to the existence of the arbitration clause in the Partnership Deed and the disputes arising between the parties in relation thereto, further, as the arbitration clause has been duly invoked by the petitioner by issuing notice under Section 21 of the Act, and as both the parties having agreed to appoint a Sole Arbitrator, this Court is of the opinion that a Sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. 9. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Shri Kadloor Satyanarayanacharya, retired District Judge is appointed as the Sole Arbitrator in the present case to arbitrate the Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 7 - HC-KAR CNR: KAHC010465372025 NC: 2026:KHC:52773 CMP No. 403 of 2025 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 left 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 the sole Arbitrator. e) Registry is directed to return all the original documents produced by any of the parties after obtaining Photostat copies of the same. f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 23.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 6 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA