IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF OCTOBER, 2025 R BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 34 OF 2025 BETWEEN:

1. MAVERICK MOTORS LLP INCORPORATED UNDER LLP ACT, 2008 HAVING ITS REGISTERED OFFICE AT NO 136/1 LALBAGH ROAD, BANGALORE SOUTH - 560027 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. ADINARAYANA PATHI 2. ADINARAYANA PATHI AGED 38 YEARS, S/O MR. PATHI DINESH

3. PATHI DINESH BHAGAWATH AGED 35 YEARS S/O MR. PATHI DINESH PETITIONERS NO.2 AND 3 ARE RESIDING AT NO 149/150, 10^TH A MAIN, Digitally signed by SHWETHA 1^ST BLOCK, JAYANAGAR, RAGHAVEND RA BANGALORE - 560 011 Location: HIGH COURT OF …PETITIONERS KARNATAKA (BY SRI. HEMANTH R.RAO., ADVOCATE)

AND:

ROHITH MURTHY AGED ABOUT 36 YEARS S/O. MR. KRISHNAMURTHY, RESIDING AT 168, KAMADHENU, GREEN AVENUE, LRN COLONY, SARADHA COLLEGE ROAD, SALEM, HASTHAMPATTI, TAMIL NADU - 636007 ALSO, HAVING OFFICE AT AKB CORPORATE OFFICE, 2^ND FLOOR, NO. 1669, TVR POLESTAR, 27^TH MAIN ROAD, SECTOR 2, HSR LAYOUT, BENGALURU – 560102 …RESPONDENT (RESPONDENT SERVED)

THIS CMP IS FILED UNDER SECTION 11(5) & (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS OUT OF THE OR IN RELATION TO THE LLP AGREEMENT DATED 15.10.2022 AS PER SEC. 23(4) OF THE LLP ACT, ENTRY 14 OF THE 1^ST SCHEDULE OF THE LLP ACT AND ETC.

THIS CMP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The Petitioners are before this Court seeking for the following reliefs:

a. To appoint a Sole Arbitrator to adjudicate upon the disputes that have arisen between the petitioners and the respondents out of the or in relation to the LLP Agreement dated 15 October 2022 as per Section 23(4) of the LLP Act, Entry

14 of the 1^st Schedule of the LLP Act.

b. Pass any other order(s) or direction(s) that this Hon’ble Court may deem fit and proper in the facts and circumstances

2. Petitioners and the respondent had entered into a Limited Liability Partnership Agreement on 15.10.2022. The said agreement does not refer to any arbitration clause. There being disputes which arose between the parties, the Petitioners vide email dated 08.01.2024 indicated that the matter could be referred to arbitration. The respondent vide his email dated 10.01.2024 in principle agreed for reference of the matter to arbitration, but had sought for some time.

3. The petitioners vide notice dated 18.01.2024 by referring to sub-section (4) of Section 23 of the Limited Liability Partnership Act, 2008 (for short, LLP Act, 2008) and Entry 14 to the first Schedule of the LLP Act, 2008 indicated that the disputes could be adjudicated by way of arbitration and had nominated its arbitrator. The respondent vide its reply dated 05.06.2024 did not concur with the nomination made by the Petitioners, but had nominated its own arbitrator.

4. It is in that background when there was no consensus which has arrived at between the parties that the Petitioners have approached this Court. Notice having been issued to the Respondent and received by Respondent, Respondent though served had chosen not to be represented. It is in the above background that the above matter had been taken up for consideration.

5. It is clear that the Limited Liability Partnership Agreement does not have an arbitration clause. Section 23 of LLP Act, 2008, speaks of relationship of parties.

6. Said Section 23 is reproduced hereunder for easy reference:

23. Relationship of partners.—(1) Save as otherwise provided by this Act, the mutual rights and duties of the partners of a limited liability partnership, and the mutual rights and duties of a limited liability partnership and its partners, shall be governed by the limited liability partnership agreement between the partners, or between the limited liability partnership and its partners.

(2) The limited liability partnership a