Mrs. Roopa v. Mrs. R Premalatha

Karnataka HC10 Jun 2026CMP/166/2026

Case brief

AI extract

What is this about?

Karnataka High Court Civil Misc. Petition No. 166 of 2026 (NC: 2026:KHC:28106), oral order dated 10 June 2026 by Justice B M Shyam Prasad; petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a sole arbitrator or panel for disputes under partnership deed dated 13.08.2014, Clause 19, and subsequent dealings; Section 21 notice dated 23.12.2025 held defective on counsel's showing (no arbitrator nominated); petition disposed of with liberty to issue fresh notice and file fresh application; Arbitration Center (Karnataka) Rules, 2012 referred in prayer.

What did the court decide?

Liberty to the petitioner to issue such notice (a fresh Section 21 notice) and file a fresh application if there is occasion for the same; prayer for appointment of arbitrator not entertained at this stage. ¶27-28

Mrs. Roopa Vs Mrs. R Premalatha — Arbitration | Karnataka HC (2026)

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NC: 2026:KHC:28106 CMP No. 166 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 166 OF 2026

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BETWEEN:

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MRS. ROOPA AGED ABOUT 45 YEARS, WIFE OF LATE MR. B. NARASIMMURTHY, RESIDING AT NO. 77/10, 2^ND CROSS, 2ND MAIN, BANASHANKARI II STAGE, PADMANABHANAGARA, BENGALURU - 560 070.

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…PETITIONER

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(BY SRI. SHASHANK NAGENDRAN.,ADVOCATE)

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AND:

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Digitally signed by VANAMALA MRS. R PREMALATHA N AGED ABOUT 50 YEARS, Location: WIFE OF MR. N. MOHAN, HIGH COURT OF RESIDING AT NO. 102, 4^TH CROSS, KARNATAKA HOSUR ROAD, VIDHYANAGARA, ANEKAL TALUK, BENGALURU - 560 099.

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…RESPONDENT

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THIS CMP FILED U/S. 11(6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO(1) APPOINT A SOLE ARBITRATOR OR A PANEL ARBITRATORS TO

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NC: 2026:KHC:28106 CMP No. 166 of 2026

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HC-KAR

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ADJUDICATE UPON THE DISPUTES BETWEEN THE PARTIES ARISING OUT OF THE PARTNERSHIP DEED DATED 13.08.2014 AS PER CLAUSE 19 AND THE SUBSEQUENT DEALINGS BETWEEN THE PARTIES - ANNEXURE - A (2) DIRECT THAT THE ARBITRAL PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996, AND THE ARBITRATION CENTER (KARNATAKA) RULES, 2012.

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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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While pointing out that the Notice dated 23.12.2025 would not be a notice under Section 21 of the Arbitration and Conciliation Act, 1996 because the petitioner has not nominated the arbitrator, Sri Shashank Nagendran, the learned counsel for the petitioner, submits that the petition may be disposed of with liberty to issue such notice and file fresh application if there is occasion for the same.

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NC: 2026:KHC:28106 CMP No. 166 of 2026

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HC-KAR

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The petition stands disposed of with liberty as

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aforesaid.

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Sd/(B M SHYAM PRASAD) JUDGE

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