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2026 DAILYLAW 5339 (KAR)

SRI. SATISH KUMAR TIWARI v. SRI NAVEEN KUMAR

CMP/446/2025 · 2026-04-30

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24405 CMP No. 446 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 446 OF 2025 BETWEEN: 1. SRI. SATISH KUMAR TIWARI AGED ABOUT 29 YEARS, S/O SURESH KUMAR, R/AT SURWALA, SIWAN BIHAR - 841227. …PETITIONER (BY SRI. MEDINI RAO, ADVOCATE) AND: 1. SRI. NAVEEN KUMAR AGED ABOUT MAJOR, R/AT 148, 6TH CROSS, KEB LAYOUT, SANJAY NAGAR, BENGALURU KARNATAKA - 560094. …RESPONDENT (V/O DATED 30.04.2026 NOTICE TO RESPONDENT HELD SUFFICIENT) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO ALLOW THE PRESENT APPLICATION AND APPOINT A SOLE ARBITRATOR TO ADJUDICATE AND RESOLVE THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT ARISING Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24405 CMP No. 446 of 2025 OUT OF THE CLAUSE NO.13 OF TERMS AND CONDITIONS CONTAINED IN THE DEED OF PARTNERSHIP DATED 16.03.2023 AT ANNEXURE - A, EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned counsel appearing for the petitioner has filed a memo along with Kannada Newspaper 'Kannada Prabha' Bengaluru Edition, Bengaluru, for having taken notice in respect of respondent and the same is accepted. No representation on behalf of respondent. Accordingly, notice to respondent is held sufficient. 2. Heard Sri. Maitreya, learned counsel for petitioner. 3. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of the Arbitrator in terms of the Clause 13 of the Deed of Partnership dated 16.03.2023 (Annexure-'A') - 3 - HC-KAR NC: 2026:KHC:24405 CMP No. 446 of 2025 4. Having taken note of the submission made by the learned counsel for the petitioner, I am of the view that, Sri. S R Somasekhara, Retired District Judge, is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Arbitration Centre. 4. All claims and contentions of any of the parties are kept open to be decided by the Arbitral Tribunal. 5. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter. 6. Registry is directed to return all original documents produced by any of the parties if any after obtaining photostat copies of the same. SD/- (E.S.INDIRESH) JUDGE SSD; List No.: 1 Sl No.: 3