IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 329 OF 2025 BETWEEN:

MR RUZBEH D FRAMJEE S/O DINSHAW FRAMJEE, AGED ABOUT 30 YEARS, R/AT V V RESIDENCY, C7, 3^RD FLOOR, 5^TH CROSS, MALLESPALYA, KAGGADASAPURA, KARANTAKA 560093.

…PETITIONER Digitall y signed by KIRAN (BY SRI. HIRAN KRISHNASWAMY., ADVOCATE)

KUMAR R Location:

HIGH COURT AND:

OF KARNATAKA

1. MRS BEENA MURALI D/O MURALEEDARAN KURUMATH, MAJOR, R/AT KURUMATH HOUSE, KARALAM, THRISSUR, KERELA 690711.

2. LE COLLECTIFF HAVING REGISTERED OFFICE AT, NO. 3, ADAR, 7^TH CROSS, 10^TH MAIN ROAD, MARUTHI NAGAR, MALLESHPALYA, NEW THIPPASANDRA POST, BENGALURU, KARNATAKA 560075.

ALSO AT, NO. 38/VI, MAMPILY HOUSE, KURIANS ROAD, KOCHI ERNAKULAM, KERELA 682025. …RESPONDENTS (BY SRI. LAKSHMIKANTH K., ADVOCATE FOR R1 R2 SERVED)

THIS CMP IS FILSED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO (a) APPOINT A SOLE ARBITRATOR WITH DIRECTION TO ENTER REFERENCE IN TERMS OF CLAUSE 38 OF THE ARBITRATION AGREEMENT DATED 6.06.2024 (ANNEXURE - A) AND AS PER THE ARBITRATION NOTICE DATED 19.02.2025 ISSUED BY THE PETITIONER (ANNEXURE - E) AND ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT (b) APPOINT EITHER ARBITRATION CENTRE - BENGALURU OR SUCH OTHER INSTITUTION AS THIS HON’BLE COURT MAY BE DEEM FIT AS THE ARBITRAL INSTITUTION TO CONDUCT THE SAID ARBITRATION PROCEEDING.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

This civil miscellaneous petition is filed under Section

11(6) of the Arbitration and Conciliation Act, 1996 (‘Act’ for short) to appoint the Sole Arbitrator for resolving the disputes between the parties to the petition in terms of clause 38 of the limited liability partnership agreement dated 06.06.2024 (‘LLP agreement’ for short) at Annexure-A as per the provisions of the Act and the Rules.

2. Brief facts, leading rise to the filing of this petition are as follows:

2.1. The petitioner and respondent No.1 executed an agreement dated 10.05.2024 wherein the petitioner has paid Rs.10,00,000/- to respondent No.1 for being a partner of respondent No.2. On 06.06.2024, the petitioner and the respondent No.1 executed the LLP agreement to carry on the business of investments, advisory services and other management activities. Further, the petitioner gave consent to act as designated partner in respondent No.2. On 11.11.2024, the petitioner issued a legal notice to respondent No.1 for winding up of LLP, also to stop using the petitioner name as signatory. On 14.1.2024, the petitioner again issued a notice to respondent No.1 for repayment of Rs.10,00,000/-. The petitioner further issued an arbitration notice dated 19.02.2025 invoking the arbitration clause. The respondent replied to the said notice on 01.03.2025, however not concurring in appointing the Arbitrator. Hence, this petition.

3. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondents.

4. Learned counsel for the petitioner submits that, pursuant to the agreement at Annexure A having been entered into by the parties to the petition, the arbitral dispute arose and the petition has invoked the arbitration clause by issuing an arbitration notice under Section 21 of the Act. The agreement contains the arbitration clause and the dispute has to be resolved through arbitration. Accordingly, on these grounds, prays to allow the petition.

5. Per contra, learned counsel for the respondent submits no objection to allow the petition by appointing the Sole Arbitrator.

6. Perused the records and considered the submissions of the learned counsel for the parties.

7. The point that would arise for consideration is as follows:

Whether the petitioner had made out aground to refer the dispute to the arbitration in terms of clause 38 of the LLP agreement at Annexure A as per the provisions of