- 1 - NC: 2025:KHC:7925 CMP No. 515 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.515 OF 2024 BETWEEN: M/S ELEKTA MEDICAL SYSTEMS INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 6/41, SUNDER KIRAN BUILDING, 209, W.E.A KAROL BAGH, NEW DELHI - 110 005. REPRESENTED HEREIN BY ITS AUTHORIZED SIGNATORY MR. KRISHNAMURTHY CHANDRASHEKHAR. …PETITIONER (BY SRI. KASHYAP N. NAIK., ADVOCATE) AND: KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY A STATE GOVERNMENT AUTONOMOUS INSTITUTE Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7925 CMP No. 515 of 2024 REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960, HAVING ITS OFFICE AT DR. M. H. MARIGOWDA ROAD, BENGALURU - 560 029. REPRESENTED BY ITS DIRECTOR. …RESPONDENT (BY SRI. ARAVIND V. CHAVAN, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC. 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT HON'BLE MR. JUSTICE SUBHASH B. ADI (RETIRED JUDGE , HON'BLE HIGH COURT OF KARNATAKA) OR HON'BLE MR. JUSTICE V. JAGANNATHAN (RETIRED JUDGE OF THE HON'BLE HIGH COURT OF KARNATAKA) OR ANY OTHER PERSON THAT THIS HON'BLE COURT MAY DEEM FIT, AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS AS PER CLAUSE 24 OF CONDITIONS OF CONTRACT READ WITH CLAUSE 10 OF SPECIAL CONDITIONS OF CONTRACT OF PART B OF THE TENDER BEARING NO. KMIO/SME(1)/TENDER/ MEDI.EQUIP/21/2015-16 DATED 05.10.2015 (ANNEXURE A). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:7925 CMP No. 515 of 2024 ORAL ORDER The captioned civil misc. Petition is filed seeking appointment of sole arbitrator to adjudicate the dispute between the petitioner and respondent that has arisen under tender bearing No. KMIO/SME(1)/Tender/Medi.Equip/21/2015- 16 Dated 05.10.2015 evidenced at annexure-A. 2. The petitioner, by way of a notice dated 27.02.2024, has invoked the arbitration clause as contemplated under the tender notification. In issuing this notice under Section 21 of the Arbitration and Conciliation Act, 1996, as evidenced in Annexure-F, the petitioner has formally raised a claim against the respondents. The claim pertains to an amount of Rs.1,14,08,375/-, which the petitioner asserts is legally due and payable, having fallen due on 13.03.2021. Additionally, the petitioner contends that it is entitled to the refund of the Earnest Money Deposit (EMD) as well as the Further Security Deposit (FSD) from the respondents. 3. In light of the existing dispute, the petitioner has exercised its right to invoke the arbitration clause, seeking resolution through an independent arbitrator. To facilitate the - 4 - NC: 2025:KHC:7925 CMP No. 515 of 2024 arbitration process, the petitioner has proposed two names for appointment as the sole arbitrator, with the objective of ensuring that the dispute is adjudicated in a fair and impartial manner. Through this notice, the petitioner urges the respondents to act upon the arbitration clause and proceed with the appointment of an arbitrator for the expeditious resolution of the dispute. 4. The respondent does not seriously dispute the existence of arbitration clause. Having regard to the fact that respondent is not disputing that there is arbitration clause, this Court is of the view that dispute needs to be resolved through sole arbitrator and the claim of the respondent that there are no dues payable by it to the petitioner also needs to be examined by arbitrator. 5. After a thorough review of the petition, annexures and supporting documents, this Court is satisfied that the petitioner has met the procedural requirements outlines under Section 11(4) of the Arbitration and Conciliation Act. 6. For the foregoing reasons, this Court proceeds to pass the following: - 5 - NC: 2025:KHC:7925 CMP No. 515 of 2024 ORDER (i) The Civil Miscellaneous Petition is allowed appointing Shri. Justice Subhash B. Adi, Former Judge, High Court of Karnataka, as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, according to the Rules governing the said Arbitration Centre. (ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings. (iii) The Office is directed to communicate this order to the Arbitration and Conciliation Centre and to Shri. Justice Subhash B. Adi, Former Judge, as required under the Arbitration and Conciliation Centre Rules, 2012. SD/- (SACHIN SHANKAR MAGADUM) JUDGE sac List No.: 3 Sl No.: 25