- 1 - HC-KAR NC: 2026:KHC:7051 CMP No. 32 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 32 OF 2024 BETWEEN: K.G. CLIPPY S/O K C GEORGE AGED ABOUT 51 YEARS R/AT KOLLAMPARAMBIL POOMALA POST, MANICHRA SULTHAN BATHERY, VIAGNADU DIST. KERALA STATE - 673592 REP. BY MANAGING PARTNERS OF SAI PRIYA HEMAKRISHNA ASSOCIATES …PETITIONER (BY SRI. PARASHURAM R HATTARAKIHAL., ADVOCATE) AND: 1. M. SOMASHEKHARA S/O ALTE H K MUNISWAMY R/AT NO 83, F5, 5TH MAIN 3RD CROSS, SJH ROAD VIDYARANAYPURAM MYSURU 570004 KARNATAKA STATE. 2. SHIJU GEORGE S/O K C GEORGE R/AT KOLLAMAPARAMBIL POOMALA POST, MANCHIRA SULTHAN BATHERY Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7051 CMP No. 32 of 2024 VIANADU DIST KERALA STATE - 673592 3. CHARLES V MARTIN S/O V VARGHESE OROTH HOUSE AMBALAVAYAL POST VIANADU DISTRICT - 673593 KERALA STATE. 4. MRS SHANTI SOMASHEKAR W/O SOMASHEKAR R/AT NO 83, F5, 5TH MAIN 3RD CROSS, SJH ROAD VIDYARANAYPURAM MYSURU 570004 KARNATAKA STATE. 5. M U ANANTA PADMANABHA R/AT NO 1085, 1ST MAIN KURUBAGERI LASHKAR MOHALLA MYSURU 570001 6. MRS HEMALATHA W/O ANANTHA PADMANABHA R./AT NO 1085, 1ST MAIN KURUBAGERI LASHKAR MOHALLA MYSURU 570001 7. T A MOHAMMED S/O LATE AHMAD KUTTY HAJI R/AT THACHARAKKAL HOUSE GURIKKAL ROAD, MANICHIRA POOMALA POST, SULTHAN BAHERY VIA VIANDU DIST. 573592 KERALA STATE. 8. MRS SHITHA W/O JACOB - 3 - HC-KAR NC: 2026:KHC:7051 CMP No. 32 of 2024 THARAPPEL HOUSE BALA APARTMENT JANATA ROAD, MEPPAYIL POST VADAKAR VIA, PIN 673109 KERALA STATE. 9. T V BENOY S/O T V VARKEYKUNHU THANDEKKATTU HOUSE KRISHNAGIRI POST VIANADU DIST. PIN 673591 KERALA STATE 10. MRS LAKSHMI W/O ANANTHA R/AT NO 3604 PULAKESHI ROAD THILAK NAGAR MYSURU 21 KARNATAKA STATE 11. A VASU S/O N ANANMALAI R/AT NO 10, 1ST FLOOR FRUIT STREET, CANTONMENT BENGALURU 560001 12. A HARIHARAN S/O LATE N ANNAMALAI R/AT NO 10, 1ST FLOOR FRUIT STREET, CANTONMENT BENGALURU 560001 …RESPONDENTS (BY SRI. SANDESH T B., ADVOCATE FOR R1 R2, R3, R5, R6, R7, R8, R9, R10, R11, R12 ARE SERVED V/O DATED 04.12.2025 SERVICE IN R/O R4 IS H/S) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(4)(A) AND 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO - 4 - HC-KAR NC: 2026:KHC:7051 CMP No. 32 of 2024 ADJUDICATE THE DISPUTE AROSE BETWEEN BOTH THE PARTIES AND PASS NECESSARY ORDER BY GIVING FULL OPPORTUNITIES TO BOTH SIDES IN TERMS OF CLAUSE 21 OF THE PARTNERSHIP DEED DATED 30.03.2016 AS PER ANNEXURE A IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner has filed this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’) for the appointment of an arbitrator to resolve the dispute between the parties to the petition in terms of Clause 21 of the Partnership Deed dated 30.03.2016, as per the provisions of the Act and the Rules. 2. Brief facts, leading rise to the filing of this Civil Miscellaneous Petition are as follows: 3. The petitioner and the respondents have entered into a partnership deed dated 30.03.2016. The said partnership deed was registered before the Registrar - 5 - HC-KAR NC: 2026:KHC:7051 CMP No. 32 of 2024 of the Firms, Chamarajanagar on 11.04.2016. The petitioner filed a suit in O.S. No.249 of 2016 against respondent Nos.1, 4, 11 and 12. Respondent Nos.1 and 4 filed suit in O.S. No.91 of 2017 against the petitioners. Respondent No.6 and 7 executed a registered release deed in favour of the petitioner regarding their rights over the partnership firm. The petitioner issued an arbitration notice dated 06.12.2023 under Section 21 of the Act to the respondents calling upon to resolve the dispute between them. Respondent No.1, though received the notice, gave untenable replies. Hence, a cause of action arose for the petitioners to file this petition. Accordingly, prays to allow the petition. 4. Respondent No.1 filed a statement of objections raising several grounds therein, contending that there is a serious question of title, possession and the revenue entries which are involved and the said issues are non-arbitral in nature, and requires - 6 - HC-KAR NC: 2026:KHC:7051 CMP No. 32 of 2024 adjudication by the competent Civil Court. Accordingly, prays to dismiss the petition. 5. Heard the arguments of the learned counsel for the petitioner, and the learned counsel for the respondents. 6. Learned counsel for the petitioner submits that the petitioner and the respondents have entered into a Partnership Deed which was registered on 11.04.2016. Later on, disputes arose between the petitioner and the respondents. Both petitioner and the respondents filed suits against each other in O.S. No.249 of 2016 and O.S. No.91 of 2017. Meanwhile, respondent Nos.6 and 7 executed a registered release deed in favour of the petitioner regarding their rights over the partnership firm. There is an arbitration clause in the partnership deed. Therefore, he submits that the dispute has to be resolved - 7 - HC-KAR NC: 2026:KHC:7051 CMP No. 32 of 2024 through an arbitration. Hence, on these grounds, he prays to allow the petition. 7. Per contra, learned counsel for the respondents submits that there is no arbitral dispute. Hence, the question of referring the alleged arbitral dispute to the arbitrator does not arise. Hence, on these grounds, prays to dismiss the petition. 8. Perused the records and considered the submission of the learned counsel for the respective parties. 9. The point that would arise for consideration is as follows: “Whether the petitioner has made out a ground to refer the dispute to the arbitration in terms of Clause of the 21 of the Partnership deed dated 30.03.2016, as per the provisions of the Arbitration and Conciliation Act and the Rules?” - 8 - HC-KAR NC: 2026:KHC:7051 CMP No. 32 of 2024 10. It is an undisputed fact that the petitioner and the respondents have entered into a partnership deed and the dispute arose between the petitioner and the respondents. There is an arbitration clause in the partnership deed. The petitioner filed a suit in O.S. No.249 of 2016 against respondent Nos.1, 4, 11 and 12, and respondent Nos.1 and 4 have filed a suit in O.S. No.91 of 2017 against the petitioner. 11. There is an arbitration clause in the partnership deed dated 30.03.2016 i.e., Clause 21, which reads as follows: “21. ARBITRATION: All disputes that may arise between the partners about the interpretation of this deed or their rights and liabilities thereunder or in relation to any other matters whatsoever relating to the partnership affairs, shall be as far as possible be referred to arbitration under the Arbitration and Conciliation Act, 1996” - 9 - HC-KAR NC: 2026:KHC:7051 CMP No. 32 of 2024 12. From the perusal of the aforesaid arbitration clause, it is clear that if any dispute or difference arises between the partners about the interpretation of the deed or their rights and liabilities or in relation to any other matters whatsoever relating to the partnership affairs, the dispute shall be referred to an arbitration. Admittedly, the petitioner invoking the arbitration clause issued a notice under Section 21 of the Act on 06.12.2023. The respondents replied to the arbitration notice denying the claim made by the petitioner. 13. Admittedly, there is an arbitration clause in the partnership deed and the dispute shall be referred to the arbitration and resolved by the arbitrator. The petitioner has made out a ground to refer the dispute to the arbitration. Accordingly, the point is answered in the affirmative. - 10 - HC-KAR NC: 2026:KHC:7051 CMP No. 32 of 2024 14. In view of the above discussion, I proceed to pass the following order: ORDER (i) The Civil Miscellaneous Petition is allowed. (ii) Sri.Khan Liyakat Ali Khan, Retired District Judge, is appointed as a sole Arbitrator to arbitrate the dispute between the petitioner and the respondent in terms of the provisions of Arbitration and Conciliation Act and Rules. (iii) The Registry is directed to forward a copy of this order to the learned Arbitrator and to the Director, Arbitration and Conciliation Centre for doing the needful. (iv) All the contentions of the parties are kept open. (v) The Registry is directed to return the original and/or certified copies, if produced, to the respective parties - 11 - HC-KAR NC: 2026:KHC:7051 CMP No. 32 of 2024 who have produced it/them by following due procedure. (vi) Pending application/s, if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 4