Karnataka High Court
Mrs Makulika Sahoo vs Mr Arpit Kapoor on 28 May, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:17825
CMP No. 217 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
CIVIL MISC. PETITION NO. 217 OF 2023
BETWEEN:
MRS MAKULIKA SAHOO
R/AT NO 205, 2ND FLOOR, BLOCK J
AGED ABOUT 33 YEARS
ROHAN VASANTH APARTMENT,
MARATHAHALLI BRIDGE SERVICE ROAD,
SPICE GARDEN LAYOUT, LAKSHMINARAYANA PURA,
AECS LAYOUT, MARATHAHALLI,
BANGALORE 560037
PH 9739190222
EMAIL [email protected]
...PETITIONER
(BY MS. PRINCY PONNAN, ADVOCATE FOR
SRI. SHYAM V PRASAD., ADVOCATE)
Digitally signed by
DHARMALINGAM AND:
Location: HIGH
COURT OF
KARNATAKA 1. MR ARPIT KAPOOR
S/O GYANESHWAR NATH KAPOOR
AGED ABOUT 36 YEARS
PARTNER OF KAPOORS CAFE
R/AT C1002, 10TH FLOOR, SPECTRA CYPRESS,
VARTHUR MAIAN ROAD, THUBARAHALLI,
WHITEFIELD, BANGALORE 560066
2. MR APOORV KAPOOR
S/O GYANESHWAR NATH KAPOOR
AGED ABOUT 36 YEARS
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NC: 2024:KHC:17825
CMP No. 217 of 2023
PARTNER OF KAPOORS CAFE
R/AT C903, 9TH FLOOR, SPECTRA CYPRESS,
VARTHUR MAIAN ROAD, THUBARAHALLI,
WHITEFIELD BANGALORE 560066
PH 9739267702
EMAIL [email protected]
...RESPONDENTS
(BY SMT. SMITA N., ADVOCATE FOR
SRI. CHETANA K., ADVOCATE FOR R1 & R2)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT,
1996, PRAYING THIS HONBLE COURT TO APPOINT AN
ARBITRATOR AS PER THE AGREED TERMS OF THE
PARTNERSHIP DEED DATED 20TH JUNE 2014 ENTERED INTO
BETWEEN THE PETITIONER AND THE RESPONDENTS AS
DETAILED IN ANNEXURE A TO ADJUDICATE THE DISPUTE THAT
HAVE ARISEN BETWEEN THE PETITIONER AND RESPONDENTS
AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as 'the Act' for short) seeking appointment of a sole Arbitrator in terms of the arbitration clause contained in the Partnership Deed dated 20.06.2014.-3-
NC: 2024:KHC:17825 CMP No. 217 of 2023
2. The dispute arises out of a partnership between the parties who are members of the same family, in terms of a Partnership Deed dated 20.06.2014. The petitioner is the wife of respondent No.1 and respondent No.2 is the brother of respondent No.1. The Partnership Deed contains an arbitration clause at paragraph No.14. Notice invoking arbitration clause was issued by the petitioner on 06.02.2023 and a reply was caused by the respondents on 22.02.2023.
3. On the pervious occasion, this Court had referred the matter to the Bangalore Mediation Centre with a direction to the parties to appear before the Centre on 05.10.2023. Both the learned Counsels submit that the mediation failed. Nevertheless, having regard to the admitted facts, this Court is of the considered opinion that the requirements of Section 11 of the Act, have been complied and therefore, the dispute has to be resolved by an Arbitrator.
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NC: 2024:KHC:17825 CMP No. 217 of 2023
4. Learned Counsel for the respondents has pointed out from the daily order dated 03.10.2023 recorded by this Court that the petitioner had made a submission that she will not seek reinstatement as a partner and the said submission was recorded by this Court. Learned Arbitrator may take note of the same.
5. Consequently, this Court proceeds to pass the following:
ORDER
(a) The Civil Miscellaneous Petition is allowed appointing Shri. Narendra Kumar Gunaki, Retired District Judge, as the sole Arbitrator to enter reference of the disputes between the petitioner and the respondents and conduct proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre.-5-
NC: 2024:KHC:17825 CMP No. 217 of 2023
(b) All contentions inter se parties are left open for adjudication in the arbitration proceedings.
(c) The office is directed to communicate this order to the Arbitration and Conciliation Centre and to Shri. Narendra Kumar Gunaki, Retired District Judge, as required under the Arbitration and Conciliation Centre Rules, 2012.
Sd/-
JUDGE DL CT: JL