- 1 - NC: 2025:KHC:7912 CMP No. 340 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 340 OF 2024 BETWEEN: MR. RAMESH AMRITHRAJ, AGED 57 YEARS SOLE PROPRIETOR ELECTRONIK TOOLING SOLUTIONS, A PROPRIETARY CONCERN, HAVING ITS ADDRESS AT: #838, 5TH CROSS, 1ST BLOCK, KALYAN NAGAR, BENGALURU - 560 043. …PETITIONER (BY SMT. KALIGOTLA NITYA., ADVOCATE) AND: ITI LTD., A GOVERNMENT OF INDIA UNDERTAKING UNDER THE DEPARTMENT OF TELECOMMUNICATIONS, HAVING ITS REGISTERED OFFICE AT ITI BHAVAN, DOORAVANINAGAR, BENGALURU - 560 016. …RESPONDENT (BY SMT. VARSHA HITTINHALLI, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES ARISING BETWEEN THE PETITIONER AND RESPONDENT IN TERMS OF CLAUSE 22 OF THE TENDER Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7912 CMP No. 340 of 2024 NOTICE DATED 19.02.2022 PRODUCED AT ANNEXURE - A, AND THE ORDER CONFIRMATION DATED 20.06.2022 PRODUCED AT ANNEXURE - C AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This Civil Miscellaneous Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 ( for short, 'Act') seeking appointment of a sole arbitrator to resolve the dispute and difference between the parties herein in terms of clause 22 of the tender notice dated 19.02.2022 vide Annexure-A and the order confirmation dated 20.06.2022 vide Annexure-C. 2. Respondent, on receipt of notice, has appeared through his counsel and filed statement of objections. 3. The petitioner, operating as a sole proprietor under the name M/s Electronik Tooling Solutions, asserts that the firm is actively engaged in providing services related to PCB (Printed Circuit Board) manufacturing. The - 3 - NC: 2025:KHC:7912 CMP No. 340 of 2024 petitioner further claims to be a leading service provider in India’s laser photo tooling and photomask industries, as well as a prominent supplier of equipment for the PCB and semiconductor sectors. 4. The petitioner issued a legal notice on 23.02.2024, invoking the arbitration clause specified in the agreement. In the notice, the petitioner alleged that an order was placed with Tongtai Machine and Tools Co., a company based in Taiwan, with an advance payment made toward the purchase. By a letter dated 22.07.2022, the petitioner claimed that the respondent had approved machine customization, following which the petitioner proceeded to place the order. The machines were reportedly dispatched in August 2022. The petitioner further contends that the respondent failed to open a letter of credit required for completing the delivery process. As a result, the petitioner claims to have fulfilled all obligations under the tender and purchase order but has suffered a financial loss of ₹1,32,00,000/- due to the - 4 - NC: 2025:KHC:7912 CMP No. 340 of 2024 respondent’s alleged breach of trust. Citing clause 22 of the tender notice, which provides for arbitration, the petitioner has formally requested the appointment of an arbitrator. 5. This Court has gone through the annexures filed along with the memorandum of Civil Miscellaneous Petition. This Court is satisfied that the petitioner has fulfilled the requirements under Section 11(4) of the Arbitration and Conciliation Act. 6. In the light of the aforesaid clause of arbitration and the contentions advanced by the petitioner the following order is passed: ORDER (a) The petition is allowed appointing Shri Dr.S.B.N.Prakash, Retired District Judge, as the sole arbitrator to enter reference of the disputes between the petitioner and the respondents and conduct - 5 - NC: 2025:KHC:7912 CMP No. 340 of 2024 proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre. (b) All contentions inter se parties are left open for adjudication in the arbitration proceedings. (c) The office is directed to communicate this order to the Arbitration and Conciliation Centre and to Shri Dr.S.B.N.Prakash, Retired District Judge, as required under the Arbitration and Conciliation Centre Rules, 2012. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 3 Sl No.: 9