IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.VEERAPPA CIVIL MISCELLANEOUS PETITION No.369/2018 BETWEEN:
1. Mr. K.B.ASHOKA S/O LATE BADRINARAYAN RAO AGED ABOUT 50 YEARS PARTNER, MESSRS. KRISHNA ENTERPRISES “SEETHARAM KRUPA”
No.148, 10TH CROSS, 1ST STAGE 1ST FLOOR, INDIRANAGAR BANGALORE-560038.
2. Mrs. K.B.VASANTI W/O LATE BADRINARAYANA RAO.K.S., AGED ABOUT 71 YEARS R/AT “SEETHARAM KRUPA” No.148, 10TH CROSS, 1ST STAGE INDIRANAGAR, BANGALORE-560038 3. Mrs. SOUMYA W/O Mr. K.B.ASHOKA R/AT “SEETHARAM KRUPA” No.148, 10TH CROSS, 1ST STAGE 1ST FLOOR, INDIRANAGAR BANGALORE-560038.
...PETITIONERS (BY Ms. ANNU BHARDWAJ, ADV. FOR SRI HARIKRISHNA S. H OLLA, ADV.) AND:
1. Mr. K.B.SEETHARAM S/O LATE BADRINARAYAN RAO AGED ABOUT 54 YEARS R/AT “SEETHARAM KRUPA” No.148, INDIRANAGAR, 1ST STAGE, BANGALORE-560038 2. SRI KRISHNA ENTERPRISES A PARTNERSHIP FIRM HAVING ITS OFFICE AT “SEETHARAM KRUPA”
No.148, 10TH CROSS, 1ST STAGE INDIRANAGAR, BANGALORE-560038 REP. BY ITS MANAGING PARTNER Mr. K.B.SEETHARAM 3. SMT.SUMANA W/O SRI K.B.SEETHARAM “SEETHARAM KRUPA”
No.148, 10TH CROSS, 1ST STAGE 1ST FLOOR, INDIRANAGAR BANGALORE-560038.
…RESPONDENTS (BY SRI ABHINAY.Y.T., ADV. FOR R-1 & R-3; R-2 IS SERVED BUT UNREPRESENTED.) THIS C.M.P. IS FILED UNDER SECTION 11[6] OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO REFER THE DISPUTE PERTAINING TO MESSRS. KRISHNA ENTERPRISES, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT “SEETHARAM KRUPA” No.148, 10TH CROSS, 1ST STAGE, INDIRANAGAR, BANGALORE-560038 FOR ADJUDICATION TO A SOLE ARBITRATOR AS PER PARTNERSHIP DEED DATED 24.01.2012 VIDE ANNEXURE-K AND ETC., THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Abhinay Y.T., learned counsel for respondent Nos.1 and 3 raised preliminary objections with regard to the maintainability of the present Civil Miscellaneous Petition on the ground that notice was issued by petitioner No.1 to respondent No.1, but Civil Miscellaneous Petition is filed by three persons. No notice was issued to respondent No.3 and firm also.
2. The said submission is placed on record.
3. In view of the above, learned counsel for the petitioners filed a memo, fairly submits that the Civil Miscellaneous Petition may be disposed of as withdrawn with liberty to the petitioners to comply with the provisions of Section 7(5) of the Arbitration and Conciliation Act, 1996, to issue notice to all the partners and firm and file fresh Civil Miscellaneous Petition in accordance with law.
4. The said memo is placed on record.
Accordingly, the Civil Miscellaneous Petition stands disposed of as withdrawn with liberty as prayed for.
Sd/- JUDGE PMR