In a Civil Miscellaneous Petition under Section 11 of the Arbitration and Conciliation Act, the High Court of Karnataka appointed a former judge as the sole arbitrator to resolve disputes between petitioners and respondent arising from a partnership deed reconstitution.
Appointment of Sri. V. Jagannathan as sole arbitrator; petition allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:9668 CMP No. 59 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CIVIL MISC. PETITION NO. 59 OF 2024
BETWEEN:
BOTH ARE RESIDING AT NO 5, 2ND FLOOR, SHREE ARCADE, 12TH CROSS, BEML LAYOUT, 3RD STAGE, RAJARAJESHWARI NAGAR, BENGALURU - 560 098.
…PETITIONERS
(BY SRI. SHREERAM T. NAYAK.,ADVOCATE)
AND:
Digitally signed by LEELAVATHI S R Location: HIGH COURT OF KARNATAKA
SRI.D. RAMBABU S/O SRI D SUBBARAO, RESIDING AT PADMINI NIVAS NO 361, 12TH CROSS ROAD, 5TH MAIN ROAD, HIG, RMV 2ND STAGE, BENGALURU 560 094.
…RESPONDENT
(RESPONDENT - SERVED)
THIS CIVIL MISC. PETITION UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO 1 NOMINATE AND APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON THE DISPUTES BETWEEN PETITIONERS AND RESPONDENT IN REFERENCE TO CLAUSE 24 OF RECONSTITUTION OF PARTNERSHIP DEED DATED 28.02.2012 AND AS PER CLAUSE 22 OF THE RECENT RECONSTITUTION OF PARTNERSHIP DEED DATED 14.01.2019 AS PER ANNEXURE B AND F ENTERED BETWEEN PETITIONERS AND THE RESPONDENT HEREIN.
NC: 2024:KHC:9668 CMP No. 59 of 2024
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioners against the respondent seeking appointment of an Arbitrator in terms of the Arbitration Agreement contained at Clause No.22 in the Reconstitution Deed of Partnership dated 14.01.2019 entered into between the parties.
“ 22. ARBITRATION : All differences and disputes relating to the partnership or its dissolution or arising out of this deed shall be by arbitration under Arbitration and Conciliation Act of 1996 or any other act of the law prevailing in its place at that time by a Single Arbitrator appointed by the High Court of Karnataka and the decision of the arbitrator so appointed shall be binding on all the partners.”
NC: 2024:KHC:9668 CMP No. 59 of 2024
arbitration clause and issued a notice dated 16.11.2023 to the respondent putting forth various claims and contentions and nominating and appointing a sole arbitrator and calling upon the respondent to give his concurrence / consent to refer the dispute to arbitration.
petition by referring the dispute between the parties to arbitration by appointing Sri.V.Jagannathan, Former Judge of this Court to act as the sole Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru.
ORDER
(i) Petition is hereby allowed.
(ii) Sri.V.Jagannathan, Former Judge of this Court is
hereby appointed as the sole Arbitrator to resolve the dispute between the parties as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru.
(iii) All rival claims, contentions, etc., of both parties including contentions relating to maintainability, arbitrability, jurisdiction, limitation, stamp duty, etc., are left / kept open to be decided by the Arbitral Tribunal and no opinion is expressed on the same.
NC: 2024:KHC:9668 CMP No. 59 of 2024
(iv) A copy of this order be sent forthwith to the
Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further and also to
Sri.V.Jagannathan, Former Judge of this Court to the
address available with the said Centre.
(v) Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.
Sd/JUDGE
Srl.
1 issue framed by the court
Whether petition under Section 11 of the Arbitration and Conciliation Act, 1996 is maintainable for appointing a sole arbitrator in a partnership dispute.
2 provisions across 2 enactments
Sri. Satish Veerachari & Ors.
Sri.D. Rambabu
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
