Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Kar) 24764

KARNATAKA HIGH COURT
E.S. INDIRESH, J
M/S. LAXMI SALES CORPORATION A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.113/10/16 ANDRAHALLI MAIN ROAD, OPPOSITE AGN CONVENTION HALL, ANDRAHALLI, BANGALORE - 560 091 REPRESENTED BY ITS PARTNER CHITRALEKHA T. RAI – Appellant
Versus
SMT. JAYALAKSHMI W/O NAVEEN SHETTY AGED ABOUT 49 YEARS, PARTNER SRI LAXMI SALES CORPORATION, NO.36, IST MAIN ROAD, KAVERI LAYOUT, VIJAYANAGAR BENGALURU - 560 040 – Respondent
CIVIL MISC. PETITION NO. 366 OF 2024

Advocates:
For the Appellants/Petitioners: SRI. GURUDHATTA K
For the Respondents: SRI. VIJAYAKUMAR S

Court empowered to appoint an arbitrator under Arbitration Act based on partnership agreement.

Headnote:This petition, filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, sought the appointment of an Arbitrator as per Clause 32 of the Partnership Deed dated 20.01.2021. The court observed that the dispute needs resolution by arbitration and appointed Sri Radhakrishna Holla as the Arbitrator. The petition was disposed of after recording the necessity for arbitration as per legal provisions.

Table of Content
1. parties seek appointment of an arbitrator. (Para 2)
2. court's determination for arbitration based on partnership deed. (Para 3)
3. appointment of arbitrator and procedural directions. (Para 4 , 5 , 6 , 7)

ORAL ORDER

Heard the learned counsel appearing for the parties.

2. This petition is filed under Section 11 (5) of Arbitration and Conciliation Act , 1996 seeking appointment of Arbitrator in terms of Clause - 32 of Partnership deed of Retirement cum Reconstruction dated 20.01.2021 (Annexure -A).

3. Having taken note of the submission made by the learned counsels appearing for the parties, particularly with reference to Clause- 32 at Annexure - A, I am of the view that, the dispute has to be resolved by an Arbitrator.

4. In that view of the matter, Sri. Radhakrishna Holla, retired District Judge be appointed as an Arbitrator to resolve the dispute between the parties.

5. Hence, this Civil Miscellaneous Petition is disposed of.

6. Registry is directed to return all the original documents produced by any of the parties after obtaining photostat copies of the same.

7. Since the parties are represented through their learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on

31.10.2025 at 11.00 a.m. to enable the learned Arbitrator to take further action in the matter.

Ordered accordingly.

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