- 1 - HC-KAR NC: 2025:KHC:18947 CMP No. 140 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 140 OF 2022 BETWEEN: CATERPILLAR FINANCIAL SERVICES INDIA PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 6TH FLOOR TOWER B PRESTIGE SHANTINIKETAN, THE BUSINES PRECINCT WHTIEFIELD MAIN ROAD, BENGALURU KARNATAKA-560048. …PETITIONER (BY SRI. RISHABHA RAJ THAKUR.,ADVOCATE) AND: 1. SRIKANTH SATLA CHITYAL EMPED WARANGAL ANDHRA PRADESH-506356 2. RAKESH GANDU S/O GANDU NARSAIAH H.NO. 4-87 JAMMIKUNTA MANDAL VAVILALA, KARIMNAGAR ANDHRA PRADESH-505475. …RESPONDENTS (R1 AND R2 ARE SERVED) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18947 CMP No. 140 of 2022 THIS CMP IS FILED UNDER SECTION 11(6-A) OF THE ARBITRATION AND CONCILATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTES AND DIFFERENCES AMONGST THE PARTIES IN TERMS OF CLAUSE 21 OF THE LOAN & SECURITY AGREEMENT DATED 23.11.2020 VIDE ANNEXURE-B EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS. 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 The petitioner, who has extended certain financial assistance to the respondents under the Loan and Security Agreement executed in the month of November 2020, has sought for appointment of a Sole Arbitrator and for conduct of the proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. The loan agreement contemplates resolution of the disputes between the parties in accordance with the Arbitration and Conciliation Act 1996 and the Arbitration and Conciliation Centre Rules 2012. - 3 - HC-KAR NC: 2025:KHC:18947 CMP No. 140 of 2022 The learned counsel for the petitioner submits that the respondents have defaulted in paying the loan and as such, notice for commencement of arbitral proceedings is issued on 13.07.2021. The records also indicate that the respondents, though served with the notice of the present petition, have chosen to remain absent. The necessary conditions for exercise of jurisdiction under Section 11(5) of the Arbitration and Conciliation Act 1996 are satisfied. As requested by the learned counsel for the petitioner, a retired District Judge must be appointed as the Sole Arbitrator. Hence, the following: ORDER [a] The petition is allowed, and Sri. M. K. Sripathi, 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 - 4 - HC-KAR NC: 2025:KHC:18947 CMP No. 140 of 2022 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 Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Sri M. K. Sripathi, a retired District Judge, Address: Address: No.417/1, (Upstairs), 12th ‘A’ Main, Sector A III Phase, Yelahanka Newtown, Bengaluru-560064 [e:mail: sripathimk@yahoo.co.in] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. SD/- (B M SHYAM PRASAD) JUDGE AN/-