IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI CIVIL MISC PETITION NO.100020 OF 2024 BETWEEN:

ANIL S/O. VIJAYBASAPPA PATTED, AGE. 58 YEARS, OCC. BUSINESS, NOW AT PLOT NO.664, SECTOR NO.5, SHREE NAGAR, BELAGAVI CITY, TQ. AND DIST. BELAGAVI-590016.

…PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE)

AND:

MALLIKARJUN S/O. SHIVAPPA DANDINAWAR, AGE. MAJOR, OCC. BUSINESS, R/O. B.C. NO.132, LODGE ROAD, CAMP, BELAGAVI CITY, BELAGAVI-590001.

Digitally signed by MOHANKUMAR B …RESPONDENT SHELAR Location: HIGH (BY SRI. S.C. HARTI, ADVOCATE)

COURT OF KARNATAKA THIS CIVIL MISC PETITION IS FILED UNDER SECTION

11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT THE ARBITRATOR AS CONTEMPLATED UNDER CLAUSE 14 OF THE DEED OF PARTNERSHIP DATED 01/02/2007 VIDE ANNEXURE A, TO ADJUDICATE THE DISPUTED BETWEEN THE PETITIONER AND RESPONDENT IN THE INTEREST OF JUSTICE AND ETC.,.

THIS CIVIL MISC PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. This civil miscellaneous petition is filed under section

11(6) of the arbitration and conciliation act 1996 seeking for the appointment of the sole arbitrator to resolve the dispute between the parties to the petition in terms of clause 14 of the Deed of partnership dated 01.02.2007 vide Annexure A.

Brief facts, leading rise to the filing of this civil miscellaneous petition are as follows:

2. The petitioner and the respondent entered into the deed of partnership dated 01.02.2007 and started a partnership firm in the name of M/s Devi Constructions. The partnership deed was registered by the registrar of firms, Belagavi. The petitioner and respondent together purchased CTS No. 10721 of Belagavi City by paying the valuable consideration in the name of M/s Devi Constructions vide sale deed 28.06.2007. Further, the dispute arose between the parties to the petition regarding the survey of the said property and fixation of the boundaries and sharing of expenses regarding the said property. As a result of which, the petitioner could not continue the project and facing hurdles. The petitioner issued an arbitration notice dated 27.06.2024 under section 21 of the Act proposing the name of the arbitrator. The same was returned unclaimed. Hence, this petition.

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

4. Learned counsel for the petitioner submits that the arbitral dispute arose between the parties and in pursuance of which the notice under section 21 of the Act came to be issued.

Accordingly, he prays to allow the petition.

5. Per contra, learned counsel for the respondent submits that respondent has no objection in allowing the petition.

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 has made out a ground to refer the dispute to the sole arbitrator in terms of clause 14 of the Partnership deed at Annexure A as per the provisions of the arbitration and conciliation Act 1996?”

8. It is undisputed that the petitioner and the respondent entered into the deed of partnership dated 01.02.2007. Further, the dispute arose between the parties to the petition regarding the survey of the property purchased by the parties in the name of the firm, fixation of the boundaries and sharing of expenses regarding the said property. The petitioner issued an arbitration notice invoking the arbitration clause.

9. I have perused the arbitration clause, i.e., clause 14 of the partnership deed at Annexure A, which reads as follows:

“14) Any dispute arising among the partners and / or their legal representatives or heirs in respect of any matter relating to the business of the firm shall be referred to an arbitrator appointing by mutual agreement and his decision shall be biding upon all concerned parties.”

10. From the p