DR. PRAVEEN v. MR. RAKESH MANPAT

(BY SRI. MANJUNATH, ADV. FOR SRI. DALWAI VENKATESH., ADV.) AND: MR. RAKESH MANPAT S/O. M. KRISHNA MURTHY, AGED ABOUT 32 YEARS, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA …PETITIONER - 2 - NC: 2026:KHC:1124 CMP No. 317 of 2023 HC-KAR NO. 336, TARAHUNASE VILLAGE, JALAHOBLI, YELAHANKA TALUK, BENGALURU-562 157. …RESPONDENT (BY SRI. BHUVANENDRA RAJU P, ADV. AND SRI. P B RAJU, ADV.) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (A) APPOINT THE LEARNED SOLE ARBITRATOR AS INDICATED IN CLAUSE 23 OF THE PARTNERSHIP DEED DATED 05/07/2023 AT DOCUMENT NO.1 TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY. (B) ORDER FOR SUCH FURTHER AND OTHER RELIEFS AS THE FACTS AND CIRCUMSTANCES OF THE CASE MAY REQUIRE AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: *** - 3 - NC: 2026:KHC:1124 CMP No. 317 of 2023 HC-KAR CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act of 1996’) to appoint the sole arbitrator as indicated in Clause 23 of the Partnership Deed dated

05.07.2019, to adjudicate the dispute between the petitioner and the respondent.

2. Brief facts, leading rise to the filing of this petition are as follows: The petitioner and the respondent entered into Partnership Deed dated 05.07.2019for having franchise of shooting training for athletes for sports. The Clause 23 provides for the disputes being resolved through an arbitration. The dispute arose between the petitioner and respondent. The petitioner filed a O.S.No.815/2023 for the relief of perpetual injunction against the respondent, and another, which is pending - 4 - NC: 2026:KHC:1124 CMP No. 317 of 2023 HC-KAR adjudication. The petitioner invoked Section 9 of the Arbitration and Conciliation Act, 1996 in Com.A A No.121/2023 and the Trial Court granted an interim order dated 24.02.2023. The petitioner invoked an arbitration clause by issuing a notice dated 12.04.2023. The said notice was served on the respondent. Despite the service of notice, the respondent did not reply to the legal notice. Hence, this writ petition.

3. Heard the learned counsel for the petitioner, and also the learned counsel for the respondent.

4. Learned counsel for the petitioner submits that, the petitioner and the respondent have entered into a Partnership Deed on 05.07.2019 and the dispute arose between the petitioner and the respondent. The dispute has to be resolved through an arbitration. The petitioner filed a suit in O.S.No.815/2023, and also filed an application under Section 9 of the Act of 1996 seeking an interim measure. The Commercial Court granted an - 5 - NC: 2026:KHC:1124 CMP No. 317 of 2023 HC-KAR interim order vide order dated 24.02.2023. The petitioner invoked an arbitration clause by issuing a legal notice dated 12.04.2023. The respondent did not reply to the said legal notice. Hence, on these grounds, he prays to allow the petition.

5. Per contra, learned counsel respondent submits that, there is no arbitral dispute arose between the petitioner and the respondent. Hence, the question of nominating the arbitrator does not arise. Hence, on these grounds, he prays to dismiss the petition.

6. Perused the records, and considered submissions of the learned counsel for the parties.

7. The point, that would arise for consideration is as follows: “Whether the petitioner has made out a ground to refer the dispute to the arbitrator in terms of clause No.23 of the Partnership Deed - 6 - NC: 2026:KHC:1124 CMP No. 317 of 2023 HC-KAR dated 05.07.2019 as per the provisions of Arbitration and Conciliation Act, 1996?”

8. It is an undisputed fact that the petitioner and respondent have entered into a partnership deed dated

05.07.2019. The dispute arose between the petitioner and respondent. I have perused the Partnership Deed vide document No.1. There is an arbitration clause in the partnership deed.

9. The petitioner has produced the Partnership Deed at document No.1, which discloses that there is an arbitration clause i.e., clause No.23, which reads as follows: “DISPUTE RESOLUTION:

23. That, in the event of any dispute arising between the parties hereto in respect of any of the terms and conditions of this deed or any other matter cause or thing not herein otherwise provided for, the same shall be settled through adjudication of arbitrators so appointed or a majority of them on that behalf shall be final and binding on all the parties hereto. All disputes shall be settled through arbitration and arbitration alone and shall be governed by the provisions of the Arbitration and - 7 - NC: 2026:KHC:1124 CMP No. 317 of 2023 HC-KAR Conciliation Act, 1996 and/or any statutory modification thereof for the time being in force. The parties shall appoint an arbitrator of their choice and the language of the proceedings shall be in English. The seat of arbitration shall be Bengaluru.”

10. From the perusal of clause 23 of the partnership deed dated 05.07.2019, which discloses that if any dispute or difference arises between the parties to the deed of partnership, the same shall be resolved through an arbitration. The petitioner invoked an arbitration clause by issuing a notice under Section 11(2) read with 11(6) of the Act of 1996 dated 12.04.2023 vide document No.3. The said notice was served on the respondent. Despite service of notice, the respondent has not replied to the arbitration notice. Admittedly, there is an arbitration clause in the partnership deed, and the dispute has to be resolved through arbitration. The petitioner has made out a ground to refer the dispute to an arbitrator. In view of the above discussion, I answer point for consideration in the affirmative. - 8 - NC: 2026:KHC:1124 CMP No. 317 of 2023 HC-KAR

11. Accordingly, I proceed to pass the following order: ORDER i. The Civil Miscellaneous Petition is allowed. ii. Sri. S.C.Ingalagi, learned District Judge, (Retired) is nominated as an arbitrator to resolve the dispute between the petitioner and respondent in terms of clause No.23 of the Partnership Deed dated 05.07.2019 as per the provisions of Arbitration and Conciliation Act, 1996 and the Rules. iii. The Registry is directed to communicate a copy of this order to the Arbitration and Conciliation Centre, Bengaluru. In view of the disposal of the petition, pending applications, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SSB