Sri Abdul Majid Vs Smt. Jabeen Husaine

SMT. JABEEN HUSAINE D/O GULAM HUSSAIN W/O MOHAMMED RAFIQUE Digitally signed by AGED ABOUT 56 YEARS CHAYA S A Location: HIGH NO.971, 6^TH MAIN, S.S. NAGAR, COURT OF KARNATAKA BANNIMANTAP 'B' LAYOUT MYSURU - 570015 ALSO RESIDING AT 738, B LAYOUT, S.S. NAGAR, BANNIMANTAP, MYSURU - 570015.

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…RESPONDENT

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(BY SRI. MOHAMMED ZABIULLA KHAN, ADVOCATE)

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NC: 2026:KHC:14959 CMP No. 37 of 2026

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HC-KAR

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THIS CMP IS FILED UNDER SEC.11(5) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO ISSUE NOTICE TO THE RESPONDENT AND PASS ORDERS APPOINTING AN ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT AS PER CLAUSE 10 OF THE PARTNERSHIP DEED DATED 01.04.2000 AT ANNEXURE E.

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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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ORAL ORDER

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Heard the learned counsel appearing for the parties.

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In this petition, the petitioner has sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Joint Partnership Deed dated 01.04.2000 (Annexure-E), in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’).

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NC: 2026:KHC:14959 CMP No. 37 of 2026

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HC-KAR

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Sri. Mohammed Zubiulla Khan, learned

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counsel appearing for the respondents opposed the petition for appointment of the Arbitrator on the

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ground that the petitioner herein was retired from the Partnership firm as per Annexure- R1 and therefore, the claim is time barred.

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In this regard, in reply, Sri Chamu Shiva Shastry, learned counsel appearing for the petitioner disputes the declaration of settlement of accounts of respondent No.1, and contending that, the said document is concocted one.

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Having taken note of the submissions made

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by the learned counsel appearing for the parties and upon perusal of Clause 10 of the partnership deed, dated 01.04.2000, I am of the considered opinion that, a Arbitrator is to be appointed to adjudicate the dispute between the parties.

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NC: 2026:KHC:14959 CMP No. 37 of 2026

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HC-KAR

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Accordingly, this petition under Section 11

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(6) of the Act, 1996 is allowed . Sri. Ashwatha Narayana, Retired District Judge is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre.

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All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal.

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A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for

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proceeding further in the matter.

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NC: 2026:KHC:14959 CMP No. 37 of 2026

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HC-KAR

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Registry is directed to return all original

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documents produced by any of the parties after obtaining Photostat copies of the same.

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Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 10.04.2026 at 11.00 am, without waiting for further notice in this regard.

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SD/(E.S.INDIRESH) JUDGE

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SB

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List No.: 1 Sl No.: 47

Sri Abdul Majid v. Smt. Jabeen Husaine

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Sri Abdul Majid v. Smt. Jabeen Husaine

Case brief

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