Mr. Guru Rajkumar Vs Mrs. Sridevi Byrappa

MR. GURU RAJKUMAR SON OF MUTHURAJ RAGHAVENDRA RAJKUMAR, AGED ABOUT 31 YEARS, RESIDING AT NO. 248, 18^TH CROSS, UPPER PALACE ORCHARDS, SADASHIVANAGAR, BENGALURU 560 080.

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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MR. MUTHURAJ RAGHAVENDRA RAJKUMAR, SON OF DR. RAJKUMAR, AGED ABOUT 64 YEARS, RESIDING AT NO. 248, 18^TH CROSS, UPPER PALACE ORCHARDS, SADASHIVANAGAR, BENGALURU 560 080.

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…PETITIONERS

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(BY SRI. CHANDAN K., ADVOCATE)

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AND:

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MRS. SRIDEVI BYRAPPA D/O BYRAPPA,

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2 - NC: 2026:KHC:27217 CMP No. 73 of 2026

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HC-KAR

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AGED ABOUT 36 YEARS, NO. 2658/A, KALIDASA ROAD, V.V. MOHALLA, MYSURU CITY - 570 002, KARNATAKA.

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AND PRESENTLY RESIDING AT NO. 2, SOLDIERS FIELD PARK, APARTMENT NO. 712, BOSTON, M.A. 012163, UNITED STATES OF AMERICA.

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…RESPONDENT

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(BY SRI. NAGESH S., ADVOCATE)

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THIS CMP IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO ALLOW THE PRESENT APPLICATION UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 BY APPOINTING A SOLE ARBITRATOR IN TERMS OF THE PARTNERSHIP DEED DATED 28.12.2020 PRODUCED AS ANNEXURE - A AS CLAUSE 22 AT PAGE NO.28.

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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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HC-KAR

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ORAL ORDER

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The petitioners and the respondent are the parties to the Partnership Deed dated 28.12.2020 [ Annexure-A ] and they have agreed for resolution of the dispute by arbitration. The respondent has resigned, and the petitioner alleges that the respondent must render accounts and also explain certain withdrawals. This constitutes the core of the dispute. If Sri Chandan K., the learned counsel for the petitioners, argues in support of the appointment of a sole arbitrator stating that a retired District Judge could be appointed as the sole arbitrator to enter reference of the dispute, Sri Nagesh S., the learned counsel for the respondent, submits that there is no dispute because amounts have been settled.

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This Court must opine that there is no material to foreclose the arbitration proceedings on the ground that all amounts are settled, and as such, there must

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NC: 2026:KHC:27217 CMP No. 73 of 2026

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HC-KAR

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be an arbitral tribunal. Upon hearing the learned counsels for the parties, this Court must opine that a retired District Judge could be appointed as a sole arbitrator to enter reference of the dispute with the Arbitration and Conciliation Centre [Domestic and International] Bengaluru. Upon hearing the learned counsel for the parties, the following:

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ORDER

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[a] The petitions are allowed, and Sri. K. M. Thammaiah, a retired District Judge, is appointed as the sole arbitrator to enter reference of the dispute between the petitioners and the respondent and conduct the proceeding

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at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

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HC-KAR

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b) The Registry is directed to communicate this order [through email] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and Sri.K.M.Thammaiah, a retired District Judge, No.12, 14^th Main Road, 3^rd Cross, Judicial Layout, GKVK Post, Bengaluru – 560 065. [Email : [email protected] ] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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c) 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, the Arbitration and Conciliation Centre [Domestic

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NC: 2026:KHC:27217 CMP No. 73 of 2026

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