- 1 - NC: 2025:KHC:6852 CMP No. 500 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 500 OF 2024 BETWEEN: 1. MYSORE LIGHTS AND INTERIORS PRIVATE LIMITED NO. 33, 1ST MAIN, 3RD CROSS HIG COLONY, RMV 2ND STAGE BENGALURU-560 094. REP. BY ITS AUTHORIZED SIGNATORY VIVEK BHAT …PETITIONER (BY SRI. SUMIT CHATTERJEE, ADVOCATE) AND: 1. BOSCH LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1913. A COMPANY HAVING ITS REGISTERED OFFICE AT PB, NO. 3000, HOSUR ROAD ADUGODI, BENGALURU-560 030. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. ACHUTANANDA PROJECT MANAGER. …RESPONDENT (BY SRI. DHEERAJ .R.P, ADVOCATE FOR SRI. S.R.KALALACHARAN, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR AS THE NOMINATED Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6852 CMP No. 500 of 2024 ARBITRATOR OF THE RESPONDENT, PURSUANT TO CLAUSE 32 OF THE BAN 603 INSTALLATION CONTRACT (AT ANNEXURE A) DATED 03.02.2020, TO CONSTITUTE THE ARBITRAL TRIBUNAL FOR THE ADJUDICATION OF DISPUTES BETWEEN THE PARTIES IN THE PRESENT MATTER. 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(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking appointment of a sole Arbitrator to resolve the dispute and difference between the parties in terms of contract/agreement dated 03.02.2020 evidenced at Annexure-A. 2. The respondent, on notice, has tendered appearance and has engaged a learned counsel. 3. The petitioner, invoking Section 21 of the Act, issued a notice asserting that the interior work under BAN 603 Contract was completed by August 2022. Despite multiple follow-up emails and a legal notice dated - 3 - NC: 2025:KHC:6852 CMP No. 500 of 2024 25.09.2023, wherein the petitioner informed the respondent of its liability to settle the outstanding dues and compensation, the respondent has failed to comply with the request for payment. Consequently, the petitioner issued a final notice, as evidenced in Annexure-F, invoking the arbitration clause under Section 21 of the Act. 4. The respondent, through its counsel, contends that the petitioner has engaged in fraudulent activities in collusion with the Project Management Contractors. Additionally, the respondent alleges several irregularities in the petitioner’s claims and has stated that they are strongly contesting the petitioner’s demands. 5. The respondent's allegations regarding fraud and collusion with Project Management Contractors fall within the jurisdiction of the arbitrator. As such, all these contentions raised by the respondent must be examined and adjudicated upon in arbitration proceedings. - 4 - NC: 2025:KHC:6852 CMP No. 500 of 2024 6. In view of existence of arbitration clause, this Court having thoroughly examined the annexures annexed to the civil miscellaneous petition, is of the view that petitioner has fulfilled the mandate provided under Section 11(4) of the Act. Though the contract agreement provides for three arbitrators, both counsel have requested this Court to appoint a sole Arbitrator. This Court exercising authority conferred under Section 10 of the Act, resolves to appoint a sole Arbitrator. 7. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) Civil Miscellaneous Petition is allowed appointing Sri. Justice P.Krishna Bhat, Former Judge, High Court of Karnataka as the sole Arbitrator to enter reference of the disputes between the petitioner and the respondent and conduct proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre; - 5 - NC: 2025:KHC:6852 CMP No. 500 of 2024 (ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings; (iii) Office is directed to communicate this order to the Arbitration and Conciliation Centre and to Sri. P.Krishna Bhat, Former Judge, High Court of Karnataka, as required under the Arbitration and Conciliation Centre Rules, 2012. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 3 Sl No.: 28