Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:23479 CMP No. 48 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.48 OF 2026 BETWEEN:
1.
SMT. CHANDRALEKHA ANAND SHETTY W/O DR. A. V. SHETTY, AGED ABOUT 81 YEARS, NOW PRESENTLY RESIDING AT 3-30-2481, PACIFIC, KADRI KAMBLA ROAD, BEJAI, MANGALURU- 575004.
2.
MRS. VASANTHAMALA RAJMOHAN SHETTY, W/O DR. K. R. SHETTY, AGED ABOUT 79 YEARS, NOW PRESENTLY RESIDING AT 3-30-2481, PACIFIC, KADRI KAMBLA ROAD, BEJAL, MANGALURU 575004 REPRESENTED BY HER POWER OF ATTORNEY HOLDER SMT. CHANDRALEKHA ANAND SHETTY PETITIONER NO. 1 HEREIN.
3.
MRS. AMRITHKALA SHETTY, W/O LATE DR. SUDHAKAR SHETTY, AGED ABOUT 76 YEARS RESIDING AT ASHIRVAD, KODIALGUTHU EAST, BEJAI, MANGALURU-575004.
REPRESENTED BY HER POWER OF ATTORNEY HOLDER DR. (MR.) ROHAN SHETTY, S/O DR. K. BHASKAR SHETTY AGED ABOUT 55 YEARS,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:23479 CMP No. 48 of 2026
SHIVABAGH, KADRI, RESIDING AT FIAT NO. 702, SANJAY APARTMENTS MANGALURU - 575 002. …PETITIONERS (BY SRI. ANANDARAMA K., ADVOCATE) AND:
1.
M/S HARIPRASAD A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NEAR SHASTRIPARK, NH 66 SERVICE ROAD, KUNDAPURA MARKET, UDUPI DISTRICT - 576 201.
REPRESENTED BY IT MANAGING PARTNER MR. B. ARUNKUMAR SHETTY.
2.
MR. B. ARUNKUMAR SHETTY, S/O SRI. V.K. SHETTY AGED ABOUT 83 YEARS, MANAGING PARTNER, M/S. HARIPARASAD RESIDING AT SANGAM, FORT GATE, KUNDAPURA, UDUPI - 576201 ALSO AT C/O HOTEL HARIPRASAD, SHASTRI CIRCLE, NH 66, KUNDAPURA - 576 201. …RESPONDENTS (RESPONDENTS SERVED AND UNREPRESENTED)
THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT AN ARBITRATOR FOR RESOLUTION OF DISPUTES BETWEEN THE PETITIONERS AND THE RESPONDENTS IN TERMS OF ARBITRATION CLAUSE viz., NO.20 IN THE DEED OF
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HC-KAR NC: 2026:KHC:23479 CMP No. 48 of 2026
RECONSTITUTION OF PARTNERSHIP DATED 30.07.2010 (ANNEXURE - A) TO ADJUDICATE UPON THE DETERMINE THE DISPUTES BETWEEN THE PARTIES, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard learned counsel appearing for the petitioners.
2.
Learned counsel appearing for the respondents has remained absent.
3.
Learned counsel appearing for the petitioners refers to Clause 20 of the Deed of Reconstitution of Partnership dated 30.07.2010 (Annexure-A), and sought for appointment of Arbitrator for resolution of the dispute between the parties. 4 .Taking into consideration Clause 20 of the Deed of Reconstitution of Partnership at Annexure-A as well as the reply(Annexure-E) to the legal notice issued by the petitioners dated 27.11.2025, wherein, the respondents have also
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HC-KAR NC: 2026:KHC:23479 CMP No. 48 of 2026
suggested for the appointment of Arbitrator, I am of the view that, for resolution of the dispute between the parties, an independent Arbitrator has to be appointed.
5. Taking into consideration the nature of dispute between the parties, Sri. Shankar Nagappa Naik, retired District Judge is hereby appointed as Arbitrator for resolution of dispute between the parties. Taking into consideration the dispute as such, it is open for the parties for fixing the place of arbitration at Mangaluru, however, the arbitration has to be conducted exclusively in terms of the procedure contemplated by the Arbitration Centre at Bengaluru.
6. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Sri. Shankar Nagappa Naik, retired District Judge, forthwith.
7. Accordingly, this Civil Miscellaneous Petition stands
disposed of.
Sd/- (E.S.INDIRESH) JUDGE
sac