Kamalakara Naidu. v Vs B. N. Balakrishna

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1 - NC: 2026:KHC:27214 CMP No. 107 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JUNE, 2026 BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 107 OF 2025

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BETWEEN:

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KAMALAKARA NAIDU. V AGED ABOUT 50 YEARS, S/O SHIVA BHUSHAN NAIDU, RESIDING AT O. GF-02, 1^ST FLOOR, RAJ HOJMES, 30/31, 1^ST A CROSS, SNEHA COLOY, CHIKKALLASADRA, BENGALURU - 560061.

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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SHILPA AGED ABOUT 41 YEARS, D/O N DAMODHAR NAIDU, PRESENTLY RESIDING AT NO. SF-02, 3^RD FLOOR, RAJ HOMES, 30/31, 1ST A CROSS, SNEHA COLONY, CHIKKALLASANDRA, BENGALURU - 560061.

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…PETITIONERS

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(BY SRI. LAKSHMAN D., ADVOCATE)

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AND:

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B. N. BALAKRISHNA AGED ABOUT 50 YEARS, S/O B NARASIMHULU, PRESENTLY RESIDING AT NO. 1, PRAKRUTHI, 1^ST A CROSS

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NC: 2026:KHC:27214 CMP No. 107 of 2025

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HC-KAR

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SAI NAGARA, AREHALLI, BENAGALURU - 560 061.

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N D MANJUNATH

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AGED ABOUT 39 YEARS, S/O LATE N C DAMODHAR NAIDU, RESIDING AT NO. 908, 9^TH FLOOR, BIRLA APPLE SPIRE APARTMENTS, PANTHARAPALYA, BANGALROE MYSORE ROAD, BENGALURU 560 019.

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B MAMATHA AGED ABOUT 42 YEARS, W/O B N BALAKRISHNA, RESIDING AT NO. 1, PRAKRUTHI, 1^ST A CROSS, SAI AGARA, AREHALLI, BENGALURU - 560 061.

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M/S SILVER WAVES CONSTRUCTIONS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT RESIDING AT NO. 908, 9^TH FLOOR, BIRLA APPLE SPIRE APARTMENTS, PANTHARAPALYA, BANGALORE MYSORE RAOD, BENGALURU 560 019. REPRESENTED BY ITS PARTNERS,

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SRI B N BALAKRISHNA AND

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SRI N D MANJUNATH.

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…RESPONDENTS

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(BY SRI. ABHINAV V., ADVOCATE FOR SRI. KASHYAP N. NAIK., ADVOCATE FOR R1 TO R4)

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THIS CIVIL MISC. PETITION FILED UNDER SEC.11(5) AND (6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT SUCH PERSON AS THIS HONBLE COURT DEEMS FIT TO BE THE ARBITRATOR TO

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NC: 2026:KHC:27214 CMP No. 107 of 2025

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HC-KAR

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ADJUDICATE UPON THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS, AS PER CLAUSE (I) OF THE RECONSTITUTION OF PARTNERSHIP DEED DATED 31.05.2013, WHICH IS AT ANNEXURE C.

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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 B M SHYAM PRASAD

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ORAL ORDER

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The petitioners and the respondents are parties to the Partnership Deed dated 07.04.2011 [ AnnexureA ], and the dispute on the accounts is decided by arbitration under the Award dated 01.10.2024 [ Annexure-J ] in AC No.595/2022 by a sole arbitrator, who has entered reference of this dispute for adjudication with the Arbitration and Conciliation Centre [Domestic and International], Bengaluru. The petitioners assert that there is another cause that needs to be resolved by an arbitrator because the firm is not dissolved with an adjudication on the petitioners’ entitlement as partners.

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4 - NC: 2026:KHC:27214 CMP No. 107 of 2025

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HC-KAR

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Sri Lakshman D., the learned counsel for the petitioners, and Sri Abhinav V., who appears for Sri.Kashyap N. Naik, the learned counsel on record for the first to fourth respondents, admit that there is an arbitral dispute. This Court is of the view that a retired District Judge must enter reference of the dispute with the Arbitration and Conciliation Centre [Domestic and International], Bengaluru. Hence, the following:

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ORDER

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[a] The petition is allowed.

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[b] Smt. K. A. Lalitha, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioners and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the

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5 - NC: 2026:KHC:27214 CMP No. 107 of 2025

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HC-KAR

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Rules governing the Centre. All questions

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are left open for due consideration.

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[c] The Registry is directed to communicate this order [by e-mail ] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Smt. K. A. Lalitha, a retired District Judge, Address: No.1783, 14^th Main, 34^th Cross, Banashankari 2^nd Stage, Bengaluru-560 070 [e-mail: [email protected] ] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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[d] The submissions of the learned counsels that the addresses of the parties as mentioned in the cause title are also the current address of the parties is taken on record, and the parties are directed to appear before the Director, Arbitration

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NC: 2026:KHC:27214 CMP No. 107 of 2025

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