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2025 DAILYLAW 14812 (KAR)

PEREGRINE GUARDING PRIVATE LIMITED v. NEL HOLDINGS LIMITED

CMP/428/2021 · 2025-06-09

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19587 CMP No. 428 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 428 OF 2021 BETWEEN: PEREGRINE GUARDING PRIVATE LIMITED, HAVING ITS OFFICE AT PLOT NO.13, SECTOR-18, ELECTRONIC CITY, GURGOAN, HARYANA - 122 015. AND HAVING ITS PLACE OF BUSINESS AT NO. 110, 27TH MAIN, HSR LAYOUT SECTOR-2, BANGALORE - 560 016, REPRESENTED BY IS AUTHORIZED SIGNATORY MR. ZAFAR NAWAZ KHAN, S/O LATE MR. ABDUL RAHIM KHAN, AGED ABOUT 57 YEARS. …PETITIONER (BY SRI. SATHYANARAYANA REDDY, ADVOCATE) AND: NEL HOLDINGS LIMITED, HAVING ITS REGISTERED OFFICE AT NITESH TIMESQUARE, NO. 8, 7TH FLOOR M.G. ROAD, BENGALURU - 560 001. …RESPONDENT (BY SMT. LATHA S. SHETTY, ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19587 CMP No. 428 of 2021 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO 1) APPOINT A SOLE ARBITRATOR FOR ADJUDICATION / RESOLUTION OF THE DISPUTES THAT HAS ARISEN BETWEEN THE PETITIONERS AND RESPONDENTS IN TERMS OF CLAUSE X OF SECURITY SERVICES AGREEMENT DATED 12/06/2019 PRODUCED AND MARKED AS ANNEXURE-B ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENT FOR RECOVERY OF THE AMOUNT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER This petition is for the appointment of a sole arbitrator. The learned counsel for the respondent submits that the petitioner and the respondent have signed Security Service Agreement dated 12.06.2019 for safety and security services, and that the agreement for arbitration is part of this agreement is not in dispute, but the petitioner's claim for certain - 3 - HC-KAR NC: 2025:KHC:19587 CMP No. 428 of 2021 monies is disputed. If the dispute is arbitral and there is an agreement for arbitration, the petition must be allowed and this Court opines that both these requirements are satisfied. Hence the following: ORDER [a] The petition is allowed, and Sri H.M. Nanjundaswamy , a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. It would be needless to observe that, subject to just exceptions, all questions are left open to be considered in the arbitral proceedings. [b] The Registry is directed to communicate this order [by E-mail] to the - 4 - HC-KAR NC: 2025:KHC:19587 CMP No. 428 of 2021 Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Sri H.M. Nanjundaswamy, a retired District Judge, Address: No.19, 2nd Cross Road, SuvarnaBadavane, Nagarbhavi 1st Stage,Chandra Layout Extension, II Stage, Nagarabhavi, Bengaluru-560 039. [E-mail id:- hmns59@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. SD/- (B M SHYAM PRASAD) JUDGE NG List No.: 2 Sl No.: 2 CT: BHK