Sri. Mukesh Kumar Devgade Vs Mr Manoj K Gupta

SRI. MUKESH KUMAR DEVGADE S/O BUDHRAM DEVGADE, AGED ABOUT 37 YEARS, MANAGING PARTNER, M/S MR HOMES, A PARTNERSHIP FIRM, NO. 1554, SRI CHOWDESHWARI ARCADE, EAST -END MAIN ROAD, 9^TH BLOCK, JAYANAGAR, BANGALORE - 560 069.

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…PETITIONER

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(BY SRI. RADHANANDAN B.S., ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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MR. MANOJ K GUPTA S/O. LATE R.S. GUPTA, AGED ABOUT 61 YEARS, PARTNER, M/S. MR HOMES, RESIDING AT NO. 302, EDEN PARK, NO. 20, VITTAL MALLYA ROAD, BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI. S.K. MITHUN, ADVOCATE)

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THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL MISC. PETITION UNDER SECTION 11 (5) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO APPOINT A SOLE ARBITRATOR TO RESOLVE

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NC: 2025:KHC:51572 CMP No. 473 of 2024

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HC-KAR

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THE DISPUTE BETWEEN THE PARTIES HERETO AS PER CLAUSE 25 OF THE DEED OFA RECONSTITUTION OF PARTNERSHIP DATED 18.7.2017 AT ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court, seeking for the following relief:

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"wherefore, the Petitioner most respectfully prays that this honble court may be pleased to appoint a sole arbitrator to resolve the dispute between the parties hereto as per clause 25 of the deed ofa reconstitution of partnership dated 18.7.2017 at ANNEXURE-C in the interest of justice and equity."

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After arguing for sometime, both the counsel submit that the matter may initially be referred to mediation, if the mediation is not successful to arbitration by keeping all contentions open.

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In that view of the matter, I pass the following:

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ORDER

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i) The CMP is allowed .

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3 - NC: 2025:KHC:51572 CMP No. 473 of 2024

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HC-KAR

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ii) The matter is referred to Benglauru Mediation Centre. The Director, Mediation Centre is requested to depute a Mediator to resolve the dispute between the parties amicably.

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iii) Since the order is passed in the presence of both the counsel, the parties shall appear at 2.30 p.m. on 16.12.2025 before the Director, Bengaluru Medication Center.

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iv) In the event of mediation not being successful, the matter is referred to Arbitration.

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v) Hon'ble Justice Sri. Umesh Moolimani, a former District Judge of the District Judiciary is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court.

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