Smt. Chandralekha Anand Shetty Vs M/S Hariprasad — Arbitration | Karnataka HC (2026)

Smt. Chandralekha Anand Shetty Vs M/S Hariprasad — Arbitration | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appointment of Sri. Shankar Nagappa Naik, retired District Judge, as Arbitrator for resolution of the disputes between the parties in terms of Clause 20 of the Deed of Reconstitution of Partnership dated 30.07.2010 (Annexure-A); place of arbitration may be fixed by the parties at Mangaluru, with the arbitration to be conducted exclusively per the procedure of the Arbitration Centre at Bengaluru; Registry to communicate the order to the Centre and the arbitrator forthwith.

Issue for consideration

Whether an independent arbitrator should be appointed under Section 11(5) of the Arbitration and Conciliation Act in terms of arbitration Clause 20 of the Deed of Reconstitution of Partnership dated 30.07.2010 (Annexure-A) to resolve the disputes between the petitioners and the respondents.

Court's answer

Taking into consideration Clause 20 of the Deed of Reconstitution of Partnership (Annexure-A) and the respondents' reply (Annexure-E) to the legal notice dated 27.11.2025, in which the respondents also suggested appointment of an arbitrator, the Court held that an independent arbitrator had to be appointed for resolution of the dispute between the parties.

Ratio / Principle

Sri. Shankar Nagappa Naik, retired District Judge, was appointed as Arbitrator for resolution of the dispute between the parties.

Key takeaways

It is open to the parties to fix the place of arbitration at Mangaluru, but the arbitration is to be conducted exclusively in terms of the procedure contemplated by the Arbitration Centre at Bengaluru.ratio¶41
The Registry was directed to communicate the order to the Arbitration and Conciliation Centre, Bengaluru and to the appointed arbitrator, Sri. Shankar Nagappa Naik, retired District Judge, forthwith.ratio¶42

Detailed headnote1 paragraphs

Arbitration — Appointment of arbitrator — Section 11(5), Arbitration and Conciliation Act — Petitioners and respondents are parties to a Deed of Reconstitution of Partnership dated 30.07.2010 (Annexure-A) containing arbitration Clause 20; in their reply (Annexure-E) to the petitioners' legal notice dated 27.11.2025, the respondents themselves suggested appointment of an arbitrator — Considering the clause and the reply, the Court held that an independent arbitrator had to be appointed and named Sri. Shankar Nagappa Naik, retired District Judge, as Arbitrator; place of arbitration may be fixed by the parties at Mangaluru, but the arbitration is to be conducted exclusively in terms of the procedure contemplated by the Arbitration Centre at Bengaluru; Registry directed to communicate the order to the Centre and the arbitrator — Civil Miscellaneous Petition disposed of. Respondents were served and unrepresented.

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NC: 2026:KHC:23479 CMP No. 48 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.48 OF 2026

BETWEEN:

SMT. CHANDRALEKHA ANAND SHETTY W/O DR. A. V. SHETTY, AGED ABOUT 81 YEARS, NOW PRESENTLY RESIDING AT 3-30-2481, PACIFIC, KADRI KAMBLA ROAD, BEJAI, MANGALURU- 575004.

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

MRS. VASANTHAMALA RAJMOHAN SHETTY, W/O DR. K. R. SHETTY, AGED ABOUT 79 YEARS, NOW PRESENTLY RESIDING AT 3-30-2481, PACIFIC, KADRI KAMBLA ROAD, BEJAL, MANGALURU 575004 REPRESENTED BY HER POWER OF ATTORNEY HOLDER SMT. CHANDRALEKHA ANAND SHETTY PETITIONER NO. 1 HEREIN.

MRS. AMRITHKALA SHETTY, W/O LATE DR. SUDHAKAR SHETTY, AGED ABOUT 76 YEARS RESIDING AT ASHIRVAD, KODIALGUTHU EAST, BEJAI, MANGALURU-575004. REPRESENTED BY HER POWER OF ATTORNEY HOLDER DR. (MR.) ROHAN SHETTY, S/O DR. K. BHASKAR SHETTY AGED ABOUT 55 YEARS,

NC: 2026:KHC:23479 CMP No. 48 of 2026

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HC-KAR

SHIVABAGH, KADRI, RESIDING AT FIAT NO. 702, SANJAY APARTMENTS MANGALURU - 575 002.

…PETITIONERS

(BY SRI. ANANDARAMA K., ADVOCATE)

AND:

M/S HARIPRASAD A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NEAR SHASTRIPARK, NH 66 SERVICE ROAD, KUNDAPURA MARKET, UDUPI DISTRICT - 576 201. REPRESENTED BY IT MANAGING PARTNER MR. B. ARUNKUMAR SHETTY.

MR. B. ARUNKUMAR SHETTY, S/O SRI. V.K. SHETTY AGED ABOUT 83 YEARS, MANAGING PARTNER, M/S. HARIPARASAD RESIDING AT SANGAM, FORT GATE, KUNDAPURA, UDUPI - 576201 ALSO AT C/O HOTEL HARIPRASAD, SHASTRI CIRCLE, NH 66, KUNDAPURA - 576 201.

…RESPONDENTS

(RESPONDENTS SERVED AND UNREPRESENTED)

THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT AN ARBITRATOR FOR RESOLUTION OF DISPUTES BETWEEN THE PETITIONERS AND THE RESPONDENTS IN TERMS OF ARBITRATION CLAUSE viz., NO.20 IN THE DEED OF

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NC: 2026:KHC:23479 CMP No. 48 of 2026

HC-KAR

RECONSTITUTION OF PARTNERSHIP DATED 30.07.2010 (ANNEXURE - A) TO ADJUDICATE UPON THE DETERMINE THE DISPUTES BETWEEN THE PARTIES, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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

ORAL ORDER

Heard learned counsel appearing for the petitioners.

Learned counsel appearing for the respondents has remained absent.

Learned counsel appearing for the petitioners refers to Clause 20 of the Deed of Reconstitution of Partnership dated 30.07.2010 (Annexure-A), and sought for appointment of Arbitrator for resolution of the dispute between the parties.

4 .Taking into consideration Clause 20 of the Deed of Reconstitution of Partnership at Annexure-A as well as the reply(Annexure-E) to the legal notice issued by the petitioners dated 27.11.2025, wherein, the respondents have also

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NC: 2026:KHC:23479 CMP No. 48 of 2026

HC-KAR

suggested for the appointment of Arbitrator, I am of the view that, for resolution of the dispute between the parties, an independent Arbitrator has to be appointed.

Taking into consideration the nature of dispute between the parties, Sri. Shankar Nagappa Naik, retired District Judge is hereby appointed as Arbitrator for resolution of dispute between the parties. Taking into consideration the dispute as such, it is open for the parties for fixing the place of arbitration

at Mangaluru, however, the arbitration has to be conducted exclusively in terms of the procedure contemplated by the Arbitration Centre at Bengaluru.

The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Sri. Shankar Nagappa Naik, retired District Judge, forthwith.

Accordingly, this Civil Miscellaneous Petition stands disposed of.

Sd/(E.S.INDIRESH) JUDGE

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