MISC. Petition No. 398 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:18954 CMP No. 398 of 2024 C/W CMP No. 378 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 398 OF 2024 C/W CIVIL MISC. PETITION NO. 378 OF 2024 IN CMP No. 398/2024 BETWEEN: 1. HARISH THIMMA REDDY SON OF N THIMMA REDDY AGED ABOUT 46 YEARS RESIDING AT NO 57 4TH MAIN, DOMLUR II STAGE BENGALURU 560071 2. G V RAMAKKA DAUGHTER OF LATE G T V REDDY AGED ABOUT 68 YEARS RESIDING AT NO 57 4TH MAIN, DOMLUR II STAGE BENGALURU 560071 REPRESENTED BY HER POWER OF ATTORNEY HOLDER MR HARISH THIMMA REDDY. 3. T BABUNATH GIRI SON OF N THIMMA REDDY AGED ABOUT 43 YEARS RESIDING AT NO 57
Legal Reasoning
Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:18954 CMP No. 398 of 2024 C/W CMP No. 378 of 2024 …PETITIONERS HC-KAR 4TH MAIN DOMLUR II STAGE BENGALURU 560071 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR HARISH THIMMA REDDY
Legal Reasoning
(BY SRI. PRADEEP NAYAK.,ADVOCATE) AND: 1. G V PALAKSHA SON OF LATE G T V REDDY AGED ABOUT 58 YEARS R/AT NO 1141, 4TH FLOOR 21ST A CROSS, HSR LAYOUT SECTOR 3, BENGALURU 560102. 2. G V CHANDRASHEKAR SON OF LATE G T V REDDY AGED ABOUT 56 YEARS R/AT NO 335, 9TH MAIN JP NAGAR 4TH PHASE BENGALURU 560078. 3. N SUDHA WIFE OF LATE G V NAGARAJA REDDY AGED ABOUT 56 YEARS RESIDING AT NO 183 GUNJUR VILLAGE VARTHUR HOBLI BENGALURU 560087. 4. G V SATHEESHA REDDY SON OF LATE GTV REDDYA AGED ABOUT 60 YEARS R/AT NO 132 - 3 - NC: 2025:KHC:18954 CMP No. 398 of 2024 C/W CMP No. 378 of 2024 HC-KAR SHETTARA BEEDI GUNJUR VILLAGE VARTHUR HOBLI BENGALURU 560087. 5. GTV PROPERTIES PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 NO 21/3, (OLD NO 11-12) SRI VINAYAKA BUILDING ALBERT VICTOR ROAD KALASIPALYAM BANGALORE 560002 REPRESENTED BY ITS DIRECTORS MR. GV PALAKSHA 6. KANTAH SANJEEV DAUGHTER OF LATE GT MARISWAMY REDDY AGED ABOUT 61 YEARS NO 95, 11TH CROSS INDIRANAGAR 1ST STAGE BENGALURU 560038. (BY SRI. CHRISTOPHER E.,ADVOCATE FOR R1, R2, R3 & R5; R4 AND R6 ARE SERVED) …RESPONDENTS THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR TO ARBITRATE ALL DISPUTES WHATSOEVER BETWEEN THE PETITIONERS AND THE RESPONDENTS, UNDER - 4 - NC: 2025:KHC:18954 CMP No. 398 of 2024 C/W CMP No. 378 of 2024 HC-KAR CLAUSE 17 OF THE RECONSTITUTION DEED DATED 29.08.2019, PRODUCED HEREINABOVE AS ANNEXURE A. IN CMP NO. 378/2024 BETWEEN: 1. M/S GTV REDDY AND SONS A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO. 21/3, (OLD NO. 11/12), SRI VINAYAKA BUILDING, TSP ROAD, KALASIPALYAM, BENGALURU 560 002 REPRESENTED BY ITS PARTNER, DR. G.V PALAKSHA. 2. GTV PROPERTIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT NO. 21/3, (OLD NO. 11/12), SRI VINAYAKA BUILDING, TSP ROAD, KALASIPALYAM, BENGALURU 560 002 REPRESENTED BY ITS DIRECTOR, MR. G.V CHANDRASHEKAR. 3. DR. G.V PALAKSHA, SON OF LATE G.T VENKATASWAMY REDDY, AGED ABOUT 58 YEARS, RESIDING AT NO. 1141, 21ST A CROSS, HSR LAYOUT, BENGALURU 560 102. - 5 - NC: 2025:KHC:18954 CMP No. 398 of 2024 C/W CMP No. 378 of 2024 HC-KAR 4. MR. G V CHANDRASHEKAR AND SONOF LATE G T VENKATASWAMY REDDY AGED ABOUT 55 YEARS RESIDING AT NO. 403, MANIKCHAND 117FF KANAKAPURA ROAD JAYANAGAR 7TH BLOCK BENGALURU 560 070. 5. MRS. N. SUDHA WIFE OF LATE G V NAGARAJA REDDY AGED ABOUT 56 YEARS RESIDING AT NO. 183, GUNJUR VILLAGE VARTHUR HOBLI, BENGALURU 560 087. (BY SRI. CHRISTOPHER E., ADVOCATE) ...PETITIONERS AND: 1. MRS G V RAMAKKA WIFE OF DR. N. THIMMA REDDY, AGED ABOUT 68 YEARS RESIDING AT, NO. 57, 4TH MAIN, DOMLUR 2ND STAGE, BENGALURU 560 071. 2. MRS. KANTHA SANJEEV WIFE OF LATE G.T SANJEEV, AGED ABOUT 61 YEARS RESIDING AT NO. 95, 11TH CROSS, INDIRANAGAR, 1ST STAGE, BENGALURU 560 038. 3. MR. HARISH THIMMA REDDY, SON OF DR. N. THIMMA REDDY, - 6 - NC: 2025:KHC:18954 CMP No. 398 of 2024 C/W CMP No. 378 of 2024 HC-KAR AGED ABOUT 46 YEARS RESIDING AT NO. 57, 4TH MAIN, DOMLUR 2ND STAGE, BENGALURU 560 071. 4. MR. BABU NATH GIRI SON OF DR. N. THIMMA REDDY, AGED ABOUT 43 YEARS RESIDING AT NO. 57, 4TH MAIN, DOMLUR 2ND STAGE, BENGALURU 560 071. 5. MR. G.V SATHEESHA REDDY, SON OF LATE G.T. VENKATASWAMY REDDY, AGED ABOUT 60 YEARS, RESIDING AT NALINI SATISH VIHAR, GUNJUR NERIGE ROAD GUNJUR POST, VARTHUR HOBI, BENGALURU 560 087. ...RESPONDENTS (BY SRI. PRADEEP NAYAK., ADVOCATE FOR R1, R3 & R4; R2 AND R5 ARE SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11 (5) OF THE ARBITRATION AND CONCILIATION ACT 1996 (AS AMENDED) PRAYING TO APPOINT MR. JUSTICE A. V CHANDRASHEKAR, (FORMER JUDGE OF THE HONBLE HIGH COURT OF KARNATAKA) EMPANELED WITH AND THE CONCILIATION CENTRE, BENGALURU (DOMESTIC AND INTERNATIONAL), AS THE SOLE ARBITRATOR FOR ADJUDICATING THE DISPUTES BETWEEN THE PARTIES, IN ACCORDANCE WITH CLAUSE 17 OF THE RECONSTITUTION 29.08.2019, DEED PRODUCED AT ANNEXURE F. ARBITRATION DATED - 7 - NC: 2025:KHC:18954 CMP No. 398 of 2024 C/W CMP No. 378 of 2024 HC-KAR THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER These are cross petitions under Section 11 of the Arbitration and Conciliation Act, 1996 [for short, ‘the Act’]. A summary of the circumstances leading to these cross petitions is stated thus: These parties are members of an extended family and they have signed the Partnership Deed and a Memorandum of Understanding, albeit some dispute over the circumstances in which these are signed. The petitioners in CMP No.378/2024 assert that the petitioners in the other petition cannot be members of the Firm because of certain alleged misrepresentation and fraud. The partnership which is at Will of an immovable property and the Memorandum of Understanding is as regards the accounts relating thereto. If the petitioners in CMP No. 398/2024 have sought for settlement of accounts, the petitioners in CMP No.378/2024 have denied the rights of the other petitioners to seek accounts and have a claim of their - 8 - NC: 2025:KHC:18954 CMP No. 398 of 2024 C/W CMP No. 378 of 2024 HC-KAR own. There are multiple defenses on either side, but crucially, the arbitrability of the dispute and the prima facie existence of an Arbitration Agreement are not in contest. When queried, the learned counsels for the parties do indeed submit that the value of the subject immovable property would run into multiple crores, and in these circumstances, this Court is of the considered view that a sole Arbitrator must enter reference of the dispute for adjudication at Arbitration and Conciliation Centre, Bengaluru, subject to the Rules of the Centre but by a former Judge of the Hon'ble Supreme Court. Further, this Court is also of the view that all questions must be left open to be decided in such proceedings. In the light of the afore, the following:
Decision
ORDER [a] The petitions are allowed. [b] Hon'ble Mr. Justice A S Bopanna, a former Judge of the Hon'ble Supreme Court is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding - 9 - NC: 2025:KHC:18954 CMP No. 398 of 2024 C/W CMP No. 378 of 2024 HC-KAR at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. [c] The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to the Hon'ble Mr. Justice A S Bopanna, a former Judge of the Hon'ble Supreme Court, Address: No.191, SFS.208, Opposite Mother Dairy, Yelahanka New Town, Bengaluru -560 064 [e- mail: [email protected]] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. Sd/- (B M SHYAM PRASAD) JUDGE AN/-