- 1 - HC-KAR NC: 2025:KHC:51537 CMP No. 458 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 458 OF 2024 BETWEEN: ODWEN TECHNOLOGIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, CIN NO.U72900TG2021PPTC151793 HAVING ITS REGISTERED OFFICE AT, 203, VINTAGE MANOR, ROAD NO.7, JYOTHI COLONY, AOC RECORDS HYDERABAD, TIRUMALAGIRI-500015 TELANGANA ALSO AT 37, B BLOCK, SECTOR 1, SECTOR 1, NOIDA, UTTAR PRADESH-201 301 REPRESENTED BY ITS DIRECTOR, MR.VIJAY ANAND BHAGAVATULA …PETITIONER (BY SMT. VANDANA JAIN, ADVOCATE FOR SRI. ABHINAG S, ADVOCATE) AND: U G ENTERPRISES A PROPRIETOSHIP CONCERN, HAVING ITS OFFICE AT, SURVEY NO.49/6, MINNAPURA VILLAGE, NELAMANGALA TALUK, THYAMAGONGLU HOBLI, BENGALURU RURAL DISTRICT-562123 KARNATAKA REPRESENTED BY ITS PROPRIETOR, MR. G KANTHARAJU …RESPONDENT (BY SRI. SHANKAR G, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51537 CMP No. 458 of 2024 THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT MR. VITHAL V. JOSHI, DISTRICT AND SESSIONS JUDGE (RETD.) AS THE SOLE ARBITRATOR, TO ENTER UPON REFERENCE IN TERMS OF 'CONFLICT RESOLUTION' CLAUSE OF THE WAREHOUSE LICENSE AGREEMENT DATED 15.10.2023 (AT ANNEXURE 'C'), AND AS PER THE NOTICE OF INVOCATION OF ARBITRATION DATED 03.07.2024 (AT ANNEXURE 'L') ISSUED BY THE PETITIONER, TO ADJUDICATE ALL DISPUTES BETWEEN THE PARTIES. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Appoint Mr. Vithal V. Joshi, District and Sessions Judge (Retd.) as the Sole Arbitrator, to enter upon reference in terms of 'Conflict Resolution' clause of the Warehouse License Agreement dated 15.10.2023 (at Annexure 'C'), and as per the Notice of invocation of arbitration dated 03.07.2024 (at Annexure 'L') issued by the Petitioner, to adjudicate all disputes between the parties. Alternatively, b. Appoint a Sole Arbitrator or Arbitrators to enter upon reference in terms of 'Conflict Resolution' clause of the Warehouse License Agreement dated 15.10.2023 (at Annexure 'C'), to adjudicate all dispute between the parties. c. Appoint either the Arbitration Centre, Bengaluru, or such other institution as this Hon'ble Court may deem fit as the institution to conduct the arbitral proceedings. - 3 - HC-KAR NC: 2025:KHC:51537 CMP No. 458 of 2024 d. Award costs of this petition in favour of the Petitioner; and e. Pass such other order/s as this Hon'ble Court may deems fit and proper in the circumstances of the case. 2. Both the counsels submit that initially the matter may be referred to mediation and in the event of mediation not being successful, an arbitrator could be appointed. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. The parties are directed to appear before the Director, KMC on 16.12.2025 at 02.30 p.m. iii) All contentions are kept open. iv) In the event of mediation being successful, the successful mediation report to be placed before this Court. - 4 - HC-KAR NC: 2025:KHC:51537 CMP No. 458 of 2024 v) In the event of mediation not being successful, the Director of Mediation Center is directed to forward the copy of the file to the Director of Arbitration and Conciliation Center. vi) Sri.Aditya Chatterjee, Advocate, NO.35/2, Keystone Partners, Cunningham Road, Bangalore-560 001 (Mobile No.73378 44424) is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. vii) Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 39