SMT. POOJA. J vs M/S. SOURBEERY E AND P LLP
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58540
CMP No. 137 of 2026
CNR: KAHC010213552026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
CIVIL MISC. PETITION NO. 137 OF 2026
BETWEEN:
SMT. POOJA. J
W/O. SRI. NIKHILESH
AGED ABOUT 30 YEARS
TH
R/A. NO. 1188, 4 MAIN MC LAYOUT
VIJAYANAGAR, BANGALORE-560 040.
…PETITIONER
(BY SRI. SHREERAM TIMMAPPA NAYAK., ADVOCATE)
AND:
1. M/S. SOURBEERY E AND P LLP
REGISTERED LIMITED LIABILITY PARTNERSHIP
REGISTERED UNDER THE PROVISIONS OF LIMITED
LIABILITY PARTNERSHIP ACT, 2008
HAVING ITS REGISTERED OFFICE AT
NO.25/3, TEKKEN COURT, 2ND FLOOR
LAVELLE ROAD, BANGALORE
REP. BY ITS CHIEF EXECUTIVE OFFICER
MR. NAVEEN PREM.
2. MR. NAVEEN RAKSHITH YOGAKIRTHI
PARTNER
S/O NAVEEN PREM
AGED ABOUT 25 YEARS
R/AT NO.109, RAKESH FANTASY
GARDEN APT, KASTURI NAGAR
BANGALORE - 560 043.
3. MR. SURAJ M. V.
AGED ABOUT 47 YEARS
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:58540
CMP No. 137 of 2026
CNR: KAHC010213552026
S/O LATE VISHWANATH
TH
R/AT NO. 816, 16 CROSS
TH
7 BLOCK WEST, JAYANAGAR
BANASHANKARI II STAGE
BANGALORE-560 070.
4. MR. DEEPAK G.
AGED ABOUT 48 YEARS
S/O OF GUNDAPPA GOVINDARAJU
TH
R/AT NO. 2220, 24 A CROSS
TH
4 MAIN, K. R. ROAD
BANASHANKARI II STAGE
BENGALURU-560070.
…RESPONDENTS
(BY SRI. B MANJUNATH., ADVOCATE FOR R1 TO R4)
THIS CMP IS FILED UNDER SECTION 11(6) OF
ARBITRATION AND CONCILIATION ACT PRAYING TO
NOMINATE AND APPOINT A SOLE ARBITRATOR TO
ADJUDICATE UPON THE DISPUTES BETWEEN THE PETITIONER
AND RESPONDENTS IN REFERENCE TO CLAUSE 32 OF THE
LIMITED LIABILITY PARTNERSHIP AGREEMENT DATED
12.02.2024 AND CLAUSE 27(VII) OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 28.07.2025 ENTERED
BETWEEN THE PETITIONER AND THE RESPONDENT HEREIN AS
PER ANNEXURE A AND C.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. This petition is filed under Section 11(6) of the
Arbitration and Conciliation Act, 1996 (for short, “the
Act”), seeking appointment of a Sole Arbitrator for
adjudication of the disputes that have arisen between the
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:58540
CMP No. 137 of 2026
CNR: KAHC010213552026
parties under the Limited Liability Partnership (LLP)
Agreements dated 12.02.2024 and 28.07.2025,
particularly in terms of Clauses 32 and 27(vii), thereof,
produced at Annexures-A and C, respectively.
2. The brief facts of the case are that the petitioner
holds 45% partnership interest in the respondent No.1-LLP
as recorded in the LLP agreement dated 12.02.2024 vide
Annexure-A. Owing to the alleged financial irregularities
and non-compliance of mandatory licenses by the
respondent, petitioner decided to voluntarily exit the LLP.
Accordingly, a Deed of Assignment dated 30.07.2025 vide
Annexure-B was executed for the transfer of petitioner’s
45% partnership interest for Rs.6,50,00,000/-, and a
supplement LLP Agreement dated 28.07.2025 vide
Annexure-C was executed recording the petitioner’s
resignation, both subject to receipt of the full
consideration. Due to breach of the terms of the aforesaid
LLP Agreements and Deed of Assignment dated
30.07.2025 committed by the respondents, the
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:58540
CMP No. 137 of 2026
CNR: KAHC010213552026
petitioner’s 45% partnership interest continues to remain
with her and the assignment has not become effective.
There are serious disputes regarding mismanagement,
non-payment of consideration, dishonour of cheques and
the continued rights of the petitioner in the first
respondent LLP, which are contrary to the agreements.
Subsequently, disputes arose between the parties in
relation to the said LLP Agreements.
3. As the disputes arose between the parties, the
petitioner, invoking the arbitration clause contained in the
LLP Agreements, issued a notice dated 03.02.2026, vide
Annexure-G, to the respondents under Section 21 of the
Act. The same was served on the respondents. The said
arbitration clause 32 and clause 27(vii) reads as under:
“32. Arbitration:
All disputes and differences whatsoever which shall
arise between the partners or between the partners
and the personal representatives of the deceased
partner relating to any matter or between Partner
and LLP whatsoever touching the affairs of the LLP or
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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NC: 2026:KHC:58540
CMP No. 137 of 2026
CNR: KAHC010213552026
the interpretation of this Agreement shall be referred
to a single arbitrator if the parties agree upon one,
otherwise to three arbitrators one to be appointed by
each party to the difference in accordance with and
subject to the provisions of the Arbitration and
Conciliation Act. 1996 or any statutory modification
or re-enactment thereof for the time being in force.
The partners agree that the decision shall be the
sole, exclusive and binding remedy between them
regarding all disputes, controversies, claims and
counter- claims presented to the arbitrators. If a
decision is not complied with by a partner, then any
award or decision may be entered in a court of
competent jurisdiction at Bangalore for a judicial
recognition of the decision and an order of
enforcement.”
And
“27.Miscellaneious Provisions
vii. All disputes between the partners or between the
Partners and the LLP arising out of the LLP
agreement which cannot be resolved in terms of this
agreement shall be first exchanged in writing and the
Partners shall make every effort to resolve the same
by mutual discussion and only upon failure of such
discussion, the matter be referred for arbitration as
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:58540
CMP No. 137 of 2026
CNR: KAHC010213552026
per the provisions of the Arbitration and Conciliation
Act, 1996 (26 of 1996).”
4. The respondents sent a reply dated 23.02.2026 vide
Annexure-K to the said notice. Being dissatisfied with the
reply, the present petition is filed seeking appointment of
a Sole Arbitrator.
5. The learned counsel for the respondents submits that
respondents has no objection to the appointment of a Sole
Arbitrator and that all the contentions of the parties may
be left open to be urged before the learned Arbitrator.
6. Having regard to the existence of the arbitration
clause contained in the LLP Agreements, which provides
for resolution of disputes arising between the parties, and
the fact that the petitioner has duly invoked the said
arbitration clause by issuing notice under Section 21 of the
Act, this Court is of the opinion that a Sole Arbitrator is
required to be appointed for adjudication of the disputes
between the parties.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:58540
CMP No. 137 of 2026
CNR: KAHC010213552026
7. Accordingly, the following:
ORDER
a) Civil Miscellaneous Petition is allowed .
b) Hon’ble Shri Justice H.N.Nagmohan Das, former
Judge of High Court of Karnataka is appointed
as the Sole Arbitrator in the present case to
arbitrate the disputes between the parties at
the Arbitration and Conciliation Centre
(Domestic & International), Bengaluru, as per
the Rules governing the said Arbitration Centre.
c) All the claims and contentions of the parties are
left open.
d) Registry is directed to communicate this order
via e-mail to the Arbitration and Conciliation
Centre (Domestic & International), Khanija
Bhavan, Bengaluru, and also to Hon’ble Shri
Justice H.N.Nagmohan Das, former Judge of
High Court of Karnataka .
e) Registry is directed to return all the original
documents produced by any of the parties after
obtaining Photostat copies of the same.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:58540
CMP No. 137 of 2026
CNR: KAHC010213552026
f) Parties are directed to appear before the
Director, Arbitration and Conciliation Centre,
Bengaluru, on 30.11.2026 at 11:30 a.m.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
(H.T. NARENDRA PRASAD)
JUDGE
HA
LIST NO.: 1 SL NO.: 19