Naraindas Bodaram Vs Sunitha S. Bathija

THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT HON'BLE MR. JUSTICE A.V. CHANDRASHEKARA, RETIRED JUDGE, HIGH COURT OF KARNATAKA AS THE SOLE ARBITRATOR TO HEAR, DECIDE, AND ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS IN TERMS OF THE ARBITRATION CLAUSE CONTAINED IN THE DEED OF RECONSTITUTION OF PARTNERSHIP AT CLAUSE NO.20 DATED 01^ST AUGUST, 2018 VIDE ANNEXURE-A.

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

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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NC: 2025:KHC:43378 CMP NO.136 OF 2025

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HC-KAR

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ORAL ORDER

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In this petition, petitioners are seeking to appoint the retired Judge of this Court as Sole Arbitrator to hear, decide and adjudicate the disputes that have arisen between the petitioners and respondents in terms of the Clause 20 of the Deed of Reconstitution of Partnership dated 01^st August, 2018 (Annexure-A).

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Heard Sri. V. Srinivas Raghavan, learned Senior Counsel on behalf of Sri. Saudat Kirmani, appearing for petitioners; Sri. Amit A. Mandgi, learned counsel appearing for respondents 1 and 3; and Smt. Manasa B. Rao, learned counsel appearing for the respondent No.2.

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In the light of submission made by learned counsel appearing for the parties, I have perused the Arbitration Clause in the Deed of Reconstitution of Partnership dated 01^st August, 2018 (Annexure-A), which reads as under:

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"20. In the event of any disputes arising between the parties herein either with regard to the carrying on the business of the firm or generally arising, out of the Deed of Partnership, such disputes shall be resolved by

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NC: 2025:KHC:43378 CMP NO.136 OF 2025

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HC-KAR

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arbitration in accordance with the Indian Arbitration Act, 1940, or any amendment thereof."

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On perusal of the Arbitration clause, it is not in dispute that the parties in this petition are the partners and legal representatives of the deceased partners to the Firm as per the Deed of Reconstitution of Partnership dated 01^st August, 2018 (Annexure-A).

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In the backdrop of these aspects, on careful consideration of the writ papers, the same would indicate that, Notice dated 05^th December, 2024 (Annexure-D) has been issued by the petitioners invoking Arbitration clause under the Deed of Reconstitution of Partnership dated 01^st August, 2018 (Annexure-A). In that view of the matter, I am of the view that, it is necessary to appoint a Sole Arbitrator to resolve the dispute between the parties.

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Therefore, Hon'ble Mr. Justice Sreenivas Harish Kumar, Former Judge of this Court is appointed to act as a Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru as per the extent Rules. In order to avoid further delay in the matter, parties are directed to appear

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