[Cites 2, Cited by 0]
Karnataka High Court
Sri M.N. Sreenivasa vs Novus Indiana Leisurez Llp on 16 February, 2026
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NC: 2026:KHC:9356-DB
WP No. 37042 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE S RACHAIAH
WRIT PETITION NO. 37042 OF 2025 (GM-RES)
BETWEEN:
1. SRI M.N. SREENIVASA
S/O LATE SRI.M.N. NARAYANA REDDY
AGED ABOUT 54 YEARS
442-D,14TH CROSS
BEML LAYOUT, THUBARAHALLI
BANGALORE 560 065
2. SRI M.N. PRABHAKAR
S/O LATE SRI.SRI M.N. NARAYANA REDDY
AGED ABOUT 53 YEARS
Digitally 756, 1 CROSS, 7 MAIN CROOK FIELD
signed by BEML LAYOUT, 6TH STAGE
VASANTHA
KUMARY B THUBARAHALLI, BANGALORE 560 065.
K
Location: 3. M/S M N ENTERPRISES
HIGH
COURT OF PARTNERSHIP FIRM OFFICE AT SY NO. 82/48, 3.
KARNATAKA DODDAKANNAHALLI VILLAGE
VARTHUR HOBLI
BANGALORE 560 035
REPRESENTED BY ITS PARTNER
SRI. M.N. SREENIVAS
...PETITIONERS
(BY SRI. UDAYA HOLLA, SENIOR ADVOCATE FOR
SRI. CHENNAKESHAVA B S., ADVOCATE)
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WP No. 37042 of 2025
HC-KAR
AND:
1. NOVUS INDIANA LEISUREZ LLP
PARTNERSHIP FIRM
HAVING ITS OFFICE AT NO 23,
SIVA ARCADE, 3 FLOOR 29 MAIN,
1ST STAGE, BTM LAYOUT
BANGALORE 560 068
REPRESENTED BY THROUGH ITS
DESIGNATED PARTNER
SRI CHANDRASEKHAR
...RESPONDENT
(BY SRI. S.S.NAGANAND, SENIOR ADVOCATE FOR
SRI. AJAY RAO., ADVOCATE)
*******
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR THE RECORDS BEFORE THE ARBITRAL TRIBUNAL
COMPRISING SOLE ARBITRATOR JUSTICE
A.V. CHANDRASHEKAR CONSTITUTED PURSUANT TO CMP
NO.343/2021, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE S RACHAIAH
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NC: 2026:KHC:9356-DB
WP No. 37042 of 2025
HC-KAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed impugning
the Notice dated 04.10.2025 issued by the Arbitral
Tribunal presided by the Hon'ble Mr. Justice
A. V. Chandrashekar (Retd.), Sole Arbitrator, whereby the
petitioner, who is the respondent before the Arbitral
Tribunal has been directed to file objections in respect of
the application filed by the claimant/respondent for final
decree.
2. The mandate of the learned Arbitrator expired on
12.05.2025. On the said date learned Arbitrator has
passed award dated 12.05.2025. The order (Award) reads
as under:-
"AWARD
Claim petition is allowed in part as under:
(a) Parties have to render accounts of the
partnership firm novus and Berrys India from
29.05.2018, the date on which it was
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reconstituted till 30.12.2022 the date of
dissolution.
(b) The monetary claims made by the parties
as found in Issue Nos.4 to 9, the same will
have to be decided in the final decree
proceedings to be initiated by the parties
separately. After the monetary liabilities of the
parties is decided in the final decree
proceedings, the amount due to the
party/parties will carry interest at 12% per
annum from the date it fell due till realization.
(c) In so far as costs are concerned, the same
will be considered in Final decree proceedings."
3. From a reading of the said award, it appears that the
learned Arbitrator intended it to be the interim award.
Nothing has been decided in the so-called award, despite
the mandate being extended vide order dated 27.01.2025
up to 12.05.2025.
4. Considering the said position, the parties have
agreed that another arbitrator be appointed, who may
proceed from the stage of pleadings. If any additional
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pleadings are required to be filed, parties should be
allowed to file additional pleadings.
5. Considering the consent of the learned Senior
Counsels expressed during the course of hearing, we
appoint Hon'ble Mr. Justice Sri N. Kumar (Retd.,) of this
Court to enter into reference and proceed with the Arbitral
dispute between the parties.
6. We direct the parties to co-operate in the
proceedings, so that the arbitral proceedings get
concluded at an early date. We request the learned
Arbitrator appointed today to conclude the arbitral
proceedings preferably within a period of 6 months. The
arbitration proceedings shall take place at the Bengaluru
Arbitration Center.
7. The Registry to convey this order to the sole
Arbitrator appointed today. The parties also to convey this
order.
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8. We request Hon'ble Mr.Justice A. V. Chandasekhar
(Retd.,) to send the records of the arbitral proceedings to
the Bengaluru Arbitration Center.
9. With the above observation, the present writ petition
stands disposed of.
10. In view of disposal of the petition, pending interim
applications, if any, do not survive for consideration and
accordingly stand disposed of.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
NG
CT: SN
List No.: 2 Sl No.: 5
