IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CIVIL MISC. PETITION NO. 164 OF 2024

BETWEEN:

1. SRI M KRISHNA

S/O MARIMUTHU GOUNDAR

AGED ABOUT 59 YEARS

R/AT NO.55, THIRD MAIN

HANUMA HILLS LAYOUT

AREHALLI, SUBRAMANYAPURA POST

BANGALORE-560061.

…PETITIONER

(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)

AND:

1. SRI G PURUSHOTHAM NAIDU

S/O SRI. SUBRAMANYAM NAIDU

MAJOR IN AGE

Digitally signed

by SHWETHA R/AT NO.10, TENTH CROSS

RAGHAVEND RA NINTH MAIN ROAD

Location: HIGH

BHUVANESHWARI NAGAR

COURT OF

KARNATAKA BANASHANKARI THIRD STAGE

BENGALURU-560085.

2. SRI.K. GOPAL

S/O SRI.K. KAILASAM NAIDU

MAJOR IN AGE

R/AT NO.19, LAKSHMI VENKATESHWARA NILAYA

ST.A. CROSS, SAI NAGARA AREHALLI UTTARAHALLI, BENGALURU-560061.

3. SRI.R. CHOWDARI

S/O SRI. RAJENDRA NAIDU

MAJOR IN AGE R/AT FLAT NO.405, FOURTH FLOOR SRI MALLIKARJUNA RESIDENCY

80 FEET ROAD, GUBBALALA VILLAGE BENGALURU-560061.

4. SRI.R. CHITRANJEEVULU S/O SRI. VARADAPPA NAIDU MAJOR IN AGE R/AT NO.161/D, THIRD CROSS FIFTH BLOCK, BANASHANKARI THIRD STAGE BENGALURU-560085.

5. SRI. MOHAN DEVEGOWDA S/O SRI.T K DEVEGOWDA MAJOR IN AGE R/AT NO.826, EIGHTEENTH CROSS BHEL EXTENSION, SECOND STAGE PATTANAGERE, RAJARAJESHWARI NAGAR BENGALURU-560098.

…RESPONDENTS (BY SRI. PRADEEP K R., ADVOCATE)

THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5)

OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A. APPOINT AN ARBITRATOR FOR ADJUDICATION AND FOR RESOLUTION OF DISPUTES BY WAY OF ARBITRATION IN PURSUANCE OF THE CLAUSE 23 OF THE ADMISSION AND RECONSTITUTION DEED OF PARTNERSHIP DATED 12.06.2015. B. GRANT SUCH OTHER RELIEF/S AS THIS HON’BLE COURT BE PLEASED TO GRANT FIT IN THE INTEREST OF JUSTICE.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The Petitioner is before this Court seeking for the following reliefs:

“a. Appoint an arbitrator for adjudication and for resolution of disputes by way of arbitration in pursuance of the clause 23 of the admission and reconstitution deed of partnership dated

12.06.2015.

b. Grant such other relief/s as this hon’ble court be pleased to grant fit in the interest of justice.”

2. The Petitioner and the Respondents had entered into Deed of Partnership on 12.06.2015. The said deed is governed by an Arbitration Clause in terms of Clause 23 thereof, which is reproduced hereunder for easy reference:

“23. Any dispute arising between the partners shall be referred to and settled by an arbitration to be done in accordance with the provisions of the Indian Arbitration Act, 1940 or nay amendment thereof.”

3. There being certain disputes which had arisen, the petitioner had filed a suit in O.S.No.7478/2022 seeking for injunction. In the said suit, the Respondent had filed an application under Section 8 of Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the A&C Act’ for short) which came to be disposed vide order dated 05.01.2024 allowing the said application and referring the matter to arbitration by directing the parties to take effective measures to commence arbitral proceedings.

4. Pursuant thereto, the Petitioner invoked the Arbitration Clause and issued a notice on 27.02.2024 nominating its Arbitrator. The said notice having been served on the respondents, the respondents having not responded to the same, the petitioner is before this Court seeking for the aforesaid reliefs.

5. Notice having been ordered, the Respondents having entered appearance, on earlier occasion when the Respondents sought to file their statement of objections, it is made clear that no further adjournment would be granted and the matter would be taken up for arguments. Today none appears for the Respondents though called twice, once in the forenoon session and second time in the afternoon session. Hence, the matter is taken up for consideration as per the submission made by learned counsel for the Petitioner.

6. Having heard the learned counsel for the pet