Karnataka High Court
Dr G V Palaksha vs M/S Gtv Estates on 23 August, 2023
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2023:KHC:30120
CMP No. 902 of 2022
C/W CMP No. 377 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
CIVIL MISC. PETITION NO.902 OF 2022
C/W
CIVIL MISC. PETITION NO.377 OF 2021
IN CIVIL MISC. PETITION NO.902 OF 2022
BETWEEN:
DR G V PALAKSHA
AGED ABOUT 57 YEARS,
S/O LATE G T VENKATASWAMY REDDY,
RESIDING AT NO.1141, 21ST CROSS,
SECTOR-3, HSR LAYOUT,
BENGALURU - 560 102
...PETITIONER
(BY SRI. KASHYAP N NAIK, ADVOCATE)
Digitally AND:
signed by
NARASIMHA
MURTHY 1. M/S GTV ESTATES
VANAMALA
Location:
A REGISTERED PARTNERSHIP FIRM
HIGH COURT HAVING ITS OFFICE AT NO.7,
OF
KARNATAKA 9TH MAIN ROAD,
JAYANAGAR 2ND BLOCK,
BENGALURU - 560 011
REPRESENTED HEREIN BY ITS PARTNER,
MRS. LAKSHMI JAYARAM
2. MRS. C SHANTHA
PARTNER , GTV ESTATES,
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CMP No. 902 of 2022
C/W CMP No. 377 of 2021
AGED ABOUT 68 YEARS,
W/O C KRISHNA MURTHY
RESIDING AT NO.1474, 1ST MAIN ROAD,
MUNESHWARA NAGAR
KOLAR - 563 101
3. MRS. LAKSHMI JAYARAM
PARTNER GTV ESTATES
AGED ABOUT 47 YEARS,
W/O L JAYARAM
R/AT NO.108, 1ST BLOCK,
5TH MAIN ROAD,
BANASHANKARI III STAGE,
BENGALURU - 560 085
4. MR. C MANISH
ERSTWHILE PARTNER, GTV ESTATES
AGED ABOUT 27 YEARS,
S/O G V CHANDRASHEKAR
RESIDING AT NO.335, 9TH MAIN ROAD,
DOLLARS COLONY, 4TH PHASE, JP NAGAR,
BENGALURU - 560 078
5. MRS. SUDHA NAGARAJA REDDY
ERSTWHILE PARTNER GTV ESTATES,
AGED ABOUT 53 YEARS,
W/O G V NAGARAJA REDDY
RESIDING AT GUNJUR VILLAGE AND POST,
VARTHUR HOBLI, BENGALURU EAST TALUK
BENGALURU - 560 087
...RESPONDENTS
(BY SRI. H.V.DEVARAJU, ADVOCATE FOR R1 TO R3;
SRI. BHARATH M, ADVOCATE FOR R4;
R5 SERVED)
THIS CIVIL MISC. PETITION IS FILED UNDER
SECTION 11(6) OF THE ARBITRATION AND
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NC: 2023:KHC:30120
CMP No. 902 of 2022
C/W CMP No. 377 of 2021
CONCILIATION ACT 1996, PRAYING TO APPOINT ANY
SUCH PERSON AS THIS HON'BLE COURT DEEMS FIT AS
THE SOLE ARBITRATOR TO ADJUDICATE THE
DISPUTES BETWEEN THE PARTIES TO THIS PETITION
FURTHER TO ARBITRATION AGREEMENT BETWEEN
THE PARTIES CONTAINED IN CLAUSE 16 OF THE
RECONSTITUTION DEED DATED 24.04.2017
(ANNEXURE A), IN THE INTEREST OF JUSTICE AND
EQUITY.
IN CIVIL MISC. PETITION NO.377 OF 2021
BETWEEN:
MR. C MANISH
S/O MR. G V CHANDRASHEKAR
AGED ABOUT 26 YEARS,
NO.335, 9TH MAIN ROAD,
DOLLARS COLONY, 4TH PHASE, JP NAGAR,
BENGALURU - 560 078
MOB: 91 99867 70716
...PETITIONER
(BY SRI. BHARATH M, ADVOCATE)
AND:
1. M/S GTV ESTATES
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT:
NO.7, 9TH MAIN ROAD, JAYANAGAR 2ND BLOCK,
BENGALURU - 560 011
REPRESENTED BY ITS PARTNER,
MRS. LAKSHMI JAYARAM
W/O SHRI. L.JAYARAM AND
SMT. SHANTHA
W/O KRISHNAMURTHY
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CMP No. 902 of 2022
C/W CMP No. 377 of 2021
2. MRS. C SHANTHA
W/O SHRI. C KRISHNA MURTHY
AGED ABOUT 67 YEARS,
RESIDING AT NO.1474, 1ST MAIN ROAD,
MUNESHWARA NAGAR
KOLAR - 563 101
3. MRS. LAKSHMI JAYARAM
W/O SHRI. L JAYARAM
AGED ABOUT 47 YEARS,
RESIDING AT NO.108, 1ST BLOCK,
5TH MAIN ROAD, BANASHANKARI III STAGE,
BENGALURU - 560 085
MOB: 91 94493 58116
EMAIL: [email protected]
4. SHRI. G.V.CHANDRASHEKAR
S/O LATE SHRI.G.T.VENKATASWAMY REDDY
AGED ABOUT 54 YEARS
NO.335, 9TH MAIN ROAD,
DOLLARS COLONY, 4TH PHASE, JP NAGAR,
BENGALURU - 560 078
MOB: 91 98866 87379
EMAIL: [email protected]
5. SMT. SUDHA NAGARAJA REDDY
W/O SHRI. G V NAGARAJA REDDY
AGED ABOUT 52 YEARS,
ADDRESS: GUNJUR VILLAGE AND POST,
VARTHUR HOBLI, BENGALURU EAST TALUK
BENGALURU - 560 087
MOB: 91 89045 49556
6. DR G V PALAKSHA
S/O LATE SHRI. G T VENKATASWAMY REDDY,
AGED ABOUT 56 YEARS,
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CMP No. 902 of 2022
C/W CMP No. 377 of 2021
RESIDING AT NO.1141, 21ST CROSS,
SECTOR-3, HSR LAYOUT,
BENGALURU - 560 102
MOB: 91 98452 21423
EMAIL: [email protected]
...RESPONDENTS
(BY SRI. H.V.DEVARAJU, ADVOCATE FOR R1 TO R3;
SRI. KASHYAP N NAYAK, ADVOCATE FOR R4 TO R6)
THIS CIVIL MISC. PETITION IS FILED UNDER
SECTION 11(6) OF THE ARBITRATION AND
CONCILIATION ACT 1996, PRAYING TO APPOINT SHRI.
ASHOK L PUJAR (RETD. DISTRICT JUDGE), OR ANY
OTHER PERSON THAT THIS HON'BLE COURT MAY
DEEM FIT, AS THE SOLE ARBITRATOR AND REFER THE
DISPUTES RAISED BY THE PETITIONER FOR
ADJUDICATION BEFORE SUCH SOLE ARBITRATOR ON
THE DEED OF RECONSTITUTION OF PARTNERSHIP
DATED 24.04.2017 AT ANNEXURE-A.
THESE PETITIONS, COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
These petitions are filed by some of the partners of a partnership firm, which is also reconstituted. It is undisputed that the parties have agreed for resolution of all disputes by arbitration and the disputes raised by the petitioners are arbitrable. However, the learned counsels for the parties submit that given the similarity in the disputes raised by both the petitioners, Hon'ble Sri. Justice Subhash B. -6- NC: 2023:KHC:30120 CMP No. 902 of 2022 C/W CMP No. 377 of 2021 Adi, a former Judge, High Court of Karnataka could be appointed as arbitrator to enter reference of the disputes.
In the light of the above, the petition is allowed and Hon'ble Sri. Justice Subhash B. Adi, a former Judge of this Court, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre.
The Registry is directed to communicate this order [through email] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and Sri. Justice Subhash B.Adi, a former Judge, High Court of Karnataka, Address: No.81, 60 feet Road, Nagashetty Halli, NGEF Layout, Sanjay Nagar, Bengaluru - 560094. [E-mail [email protected]] as required under the -7- NC: 2023:KHC:30120 CMP No. 902 of 2022 C/W CMP No. 377 of 2021 Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.
Sd/-
JUDGE RR