SRI M P RAVISHANKAR vs SRI T SHIVAPRAKASH - 2023 Supreme(Online)(KAR) 23210

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2023 Supreme(Online)(KAR) 23210

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CMP No. 769 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10^TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
CIVIL MISC. PETITION NO. 769 OF 2022
BETWEEN:
1.
SRI M P RAVISHANKAR
S/O LATE M PUTTASWAMY,
AGED ABOUT 54 YEARS,
R/AT NO.F-14,
SEWAGE FARM MAIN ROAD,
H.R.GARDEN, VIDYARANYAPURAM,
MYSURU 570008.

2.
SRI G H HUCHAPPA
S/O LATE HUCHEGOWDA,
AGED ABOUT 74 YEARS,
NO.162, 2^ND MAIN,
GOKULAM 2^ND STAGE,
V.V.MOHALLA, MYSURU-570002.

3.
SRI N PRABHAKAR RAO
S/O.LATE NARAYAN RAO,
AGED ABOUT 61 YEARS,
R/AT NO.14, YATHINDRA NILAYA,
3^RD CROSS, SHANKARPURAM,
BENGALURU-560004.
&PETITIONERS
(BY SRI. SHIVARUDRAPPA SHETKAR., ADVOCATE)
AND:
1.
SRI T SHIVAPRAKASH
S/O LATE THIMMEGOWDA,
AGED ABOUT 54 YEARS,
R/AT NO.1278 AND 1279,
GAGANACHUMBI DOUBLE ROAD,

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CMP No. 769 of 2022

E AND F BLOCK, KUVEMPUNAGARA,
MYSURU-570023.
2.
SMT M P SANDHYARANI
W/O T SHIVAPRAKASH,
AGED ABOUT 45 YEARS,
R/AT NO.1278 AND 1279,
GAGANACHUMBI DOUBLE ROAD,
E AND F BLOCK,KUVEMPUNAGARA,
MYSURU-570023.
3.
SRI B V MANJUNATHA
S/O VISHVESHVARAIAH,
AGED ABOUT 65 YEARS,
R/AT 175, 4^TH MAIN, LIC COLONY,
SRIRAMPURA 2^ND STAGE,
MYSURU -570023
AND ALSO AT:
SRI. B.V.MANJUNATHA
S/o VISHVESHVARAIAH
GENERAL SECRETARY
AKILA KARNATAKA BRAHMINS
WELFARE SOCIETY
OLD No. 175/1, NEW No.K 22/1
RAMAVILASA ROAD, K R MOHALLA
MYSURU - 570 024.
&RESPONDENTS
(BY SRI. VEERABHADRA SWAMY H.P., ADVOCATE FOR R1 & R2
SRI. MAHENDRA GOWDA C.R., ADVOCATE FOR R3)

THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING TO APPOINT A SOLE ARBITRATOR FOR THE
PURPOSE OF DECIDING ALL THE DISPUTES AMONG THE
PARTNERS OF PARTNERSHIP FIRM DATED 01/02/2007 BY
PETITIONERS
AND
RESPONDENTS
NO.1
TO
3
HEREIN
(ANNEXURE A) AND ETC.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

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CMP No. 769 of 2022

Advocates:
['SHIVARUDRAPPA SHETKAR', 'SANGAMESH R B', 'VEERABHADRA SWAMY H P', 'MAHENDRA GOWDA C R']

R.DEVDAS J., (ORAL):

This Civil Miscellaneous Petition is filed under Section

11(6) of the Arbitration and Conciliation Act, 1996, for

appointment of a sole arbitrator to decide all the disputes

amongst the partners of the Partnership Firm in terms of

Clause 18 of the 8Deed of Reconstruction of Partnership9

dated 01.02.2007.

2. Learned Counsels for the respondents fairly submit

that the petition may be allowed and a sole arbitrator may

be appointed to decide the disputes.

3. Consequently, this Court proceeds to pass the

following;

ORDER

(a)

The

petition

allowed

appointing

Hon9ble Sri. Justice Ashok B Hinchigeri,

Former Judge, High Court of Karnataka,

as the sole arbitrator to enter reference

of the disputes between the petitioner

and

the

respondents

and

conduct

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proceeding

the

Arbitration

and

Conciliation

Centre

(Domestic

and

International), Bengaluru according to

the Rules governing the said Arbitration

Centre.

(b)

All contentions inter se parties are left

open for adjudication in the arbitration

proceedings.

(c)

The office is directed to communicate this

order to the Arbitration and Conciliation

Centre and to Hon9ble Sri. Justice Ashok

B Hinchigeri, Former Judge, High Court

of Karnataka, as required under the

Arbitration and Conciliation Centre Rules,

2012.

Sd/-

JUDGE

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