1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE BETWEEN: DATED THIS THE 06 TH DAY OF AUGUST 2014 BEFORE THE HON BLE MR.JUSTICE S. ABDUL NAZEER Civil Miscellaneous Petition No. 208/2013 1. MR. K.B.ASHOK S/O. LATE K.S.BADARINARAYANA RAO AGED ABOUT 45 YEARS. 2. SMT. K.B. VASANTHI W/O. LATE BADARINARAYANA RAO AGED ABOUT 67 YEARS. 3. SMT. RAJESHWARI W/O. MR.JAYARAM D/O. LATE BADARINARAYANA RAO AGED ABOUT 47 YEARS. 4. SMT. USHA W/O. SURESH BHAT D/O. LATE BADARINARAYANA RAO AGED ABOUT 39 YEARS. ALL LEGAL REPRESENTATIVES OF LATE SRI.K.S.BADARINARAYANA RAO ALL ARE RESIDING AT SEETHARAMA KRUPA, NO.148 10 TH CROSS, INDIRANAGAR FIRST STAGE BANGALORE 560 038.. PETITIONERS (BY SRI. HARIKRISHNA S. HOLLA, ADV.,)
2 AND: 1. M/S HOTEL DWARAKA REPRESENTED BY ITS MANAGING PARTNER, NO.29, S.C. ROAD, BANGALORE - 560009 2. N R NARAYANA RAO AGED 87 YEARS, SON OF SRI. RAGHAVENDRACHAR, NO.29 S.C. ROAD, BANGALORE - 560009 NOW R/AT #785, 5TH BLOCK 17TH MAIN, RAJAJINAGAR, BANGALORE - 560010 3. SRI. N.R. NAGAPPAIAH AGED 82 YEARS, SON OF RAGHAVENDRACHAR, HOTEL NEW SUDHA, CHIKKADA PALLY HYDERABAD 20. NOW AT 1-7-139/7,SRK NAGAR, MUSHIRBADA, HYDERABAD 500048 4. SRI. N.KRISHNA MURTHY AGED 75 YEARS, SON OF N.K. VENKATA RAO HOTEL SWATHI, OPP RAILWAY STATION SECUNDARABAD NOW R/AT FLAT 405 SKYLINE GOLDEN RACE, 3/38, (OLD 3,3/1)KEMPEGOWDANAGAR GAVIPURAM, BANGALORE 560019 5. SRI. T.N. KRISHNA MURTHY AGED 67 YEARS SON OF T.N.NAGAPPA HATWAR C/O HOTEL UPAHAR HOTEL DWARKA COMPLEX, SC ROAD, ANANDA RAO CIRCLE, BANGALORE 09
3 NOW R/AT 162, LAKSHMI NILAYA 1ST MAIN, 4TH BLOCK, BEML LAYOUT RAJARAJESHWARINAGAR, BANGALORE 560098 6. SRI. T.N. SATHYANARAYANA RAO AGED 61 YEARS, SINCE DEAD BY HIS LR 6(a) SMT. UMADEVI W/O.LATE SATHYANARAYANA RAO AGED ABOUT 55 YEARS 6(b) KUM. AISHWARYA D/O.LATE SATYANARAYANA RAO AGED ABOUT 18 YEARS BOTH R/AT NO.375/4 AISHWARYA NILAYA, 9 TH J MAIN PIPE LINE ROAD, VIJAYANAGAR BANGALORE 560 040 7. SRI. N. SRIRAM RAO AGED 69 YEARS SON OF N.K. VENKATA RAO HOTEL SUDARSHINI, B.B ROAD, CHICKBALLAPUR NOW R/AT #42,VENKATADRI 2ND CROSS ROAD, WEST OF CHORD ROAD 1ST STAGE,5TH BLOCK RAJAJINAGAR, BANGALORE 560010 8. SRI. T.N. RAGHAVENDRA RAO AGED 64 YEARS, SON OF T.N. NAGAPPA, C/O HOTEL UPAHAR, HOTEL DWARAKA COMPLEX, SC ROAD, ANANDA RAO CIRCLE, BANGALORE 09
4 NOW R/AT 24,5TH CROSS, 4TH BLOCK, SUBRAMANASWAMY TEMPLE ROAD, K.P.WEST, BANGALORE 560020 9. SRI. N. RAGHAVENDRA RAO AGED 59 YEARS, SON OF N.R.NARAYANA RAO, HOTEL SUDARSHINI, CHICKBALLAPUR NOW AT #18, LAKSHIMINARAYANA NILAYA, BASAPPA ROAD, SHANTHI NAGAR, BANGALORE 560027 10.SRI. N. SRIDHAR RAO, AGED 57 YEARS, SON OF N.K.VENKATA RAO, HOTEL DWARAKA, NO.29,S.C.ROAD, BANGALORE 560009 NOW R/AT #3, NERAMBALLI 1ST CROSS, SIKH ROAD, VAHINI NAGAR, SIKANDRABADH 500009 11.SRI. N. SRINIVASA RAO S/O SRI NARAYANA RAO, AGED ABOUT 52 YEARS, HOTEL DWARAKA, NO.29,S.C. ROAD, BANGALORE 560009 12.SRI.N.K. GANESHA S/O SRI N.KRISHNA MURTHY, AGED ABOUT 40 YEARS, N.K.M. GRAND ERA MANZIL SOMAJIGUDA, HYDERABAD 5600082 13.SRI N VENKATESH AGED 55 YEARS, S/O N R NAGAPPAIAH HOTEL SUDARSHINI,BB ROAD, CHICKBALLAPUR, NOW R/AT 1-7-139/7,SRK NAGAR, MUSHIRBADH, HYDERABAD-500 048 14.T S LAKSHMINARAYANA RAO S/O LATE SHESHAGIRI RAO,
5 AGED ABOUT 32 YEARS, LAKSHMI MEDICALS, KASTURBAI,B M ROAD, HASSAN 15.K RAMACHANDRA RAO S/O LATE KRISHNA HEBBAR, AGED ABOUT 96 YEARS, RAGHAVENDRA SWAMY MUTT, CHITRADURGA, R/AT KRISHNA NILAYA, OLD SANTHE MAIDANA, HOLALERE ROAD, CHITRADURGA-577 501 16.MR K B SITARAM S/O LATE K S BADRINAYRAYANA RAO, AGED ABOUT 69 YEARS, R/AT SEETHARAMA KRUPA,NO.148, 10TH CROSS,INDIRANAGAR I STAGE, BANGALORE-560 038 (BY SRI.GANAPATHI HEGDE, ADV., FOR R.1 TO R.5 & R.7 TO R.14 SRI. Y.H.VIJAY KUMAR, ADV., FOR R.15 SRI. VAMSHIKRISHNA C., ADV., FOR R.16 R.6(a-b) SERVED) RESPONDENTS THIS CMP IS FILED UNDER SECTION 11(5, 6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR, PREFERABLY A RETIRED JUDGE OF THIS HON BLE COURT TO FACILITATE RESOLVING OF ALL THE DISPUTES RELATING TO THE PARTNERSHIP BUSINESS HOTEL DWARAKA, BANGALORE, IN ACCORDANCE WITH THE PROVISIONS OF THE INDIAN ARBITRATOR ACT, 1996 AS STIPULATED IN PARTNERSHIP
6 DATED 11.5.2006 AS WELL AS IN THE PARTNERSHIP DATED 1.6.2013 AND ETC., THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: ORDER In this civil miscellaneous petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, the petitioners have sought for appointment of an arbitrator for resolution of the dispute which has arisen out of the Partnership Deed at Annexure A dated 11.05.2006. parties. 2. I have heard the learned counsel for the 3. There is no dispute as to the existence of the arbitration clause in the partnership deed at Annexure A for resolution of the dispute between the parties in relation to the said agreement.
7 4. It is also clear from the materials on record that there is a dispute in relation to the said agreement. The petitioners have called upon the respondents by their notice at Annexure F dated 17.10.2013 to appoint an arbitrator for resolution of the dispute. The respondents have sent a reply suggesting the name of an arbitrator for resolution of the dispute at Annexure-G. However, the learned counsel for the petitioners is not agreeable for appointment of an arbitrator suggested by the respondents. I am of the view that it is just and proper to appoint a sole arbitrator for resolution of the dispute. 5. In the result, civil miscellaneous petition succeeds and it is accordingly allowed. Hon ble Sri. Justice K.N.Keshavanarayana, a former Judge of this Court, is requested to enter upon the reference and
8 arbitrate over the dispute and conduct arbitration proceedings at Arbitration Centre in terms of the Arbitration Centre Karnataka (Domestic and International) Rules, 2012. No costs. Sd/- JUDGE SA*