- 1 - HC-KAR NC: 2025:KHC:42231 CMP No. 61 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 61 OF 2025 BETWEEN: M/S. KRISHNA VALLEY POWER PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, HAVING AN OFFIE AT 303, ELPHISTON HOUSE, 17, MARZBAN ROAD, MUMBAI 400 001. REP. BY AUTHORIZED SIGNATORY NARAYANDAS R. JAJU. ALSO AT 105, RR TAKT APARTMENT, 37, BHOOPSANDRA, MAIN ROAD, SANJAYA NAGAR BENGALURU 560 094. …PETITIONER (BY SRI ANISH ACHARYA, ADVOCATE) AND: 1. M/S. ALTILIUM ENERGIE PVT LTD., A REGISTERED COMPANY UNDER COMPANIES ACT 2013., HAVING ITS REGISTERED OFFICE AT, 1303, PKT-A, THE SLEUTHSCGHS LTD., PLOT NO. 6, SECTOR 19B, DWARAKA, NEW DELHI - 110075. REP BY ITS AUTHORISED SIGNATORY OR DIRECTOR. ALSO AT: 2ND FLOOR, ANTHILL IQ, #75/P, WINDSOR F4, HULIMAVU BANNERGHATTA ROAD, BANGALORE 560 076. 2. M/S. DERIVE TRADING AND RESORTS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT 903, DALAMAL HOUSE, 206, JB MARG, MARIMAN POINT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42231 CMP No. 61 of 2025 MUMABI- 400 021. REP. BY DIRECTOR. …RESPONDENTS (BY SRI AAKASH RAMAN SINHA, ADVOCATE FOR R-1; R-22- M/S DERIVE TRADING AND RESORTS PRIVATE LTD., MUMBAI SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT. 1996, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS IN TERMS OF CLAUSE OF 5, 5.1 AND 5.2 OF THE POWER SUPPLY AGREEMENT DATED 8.07.2021 AT ANNEXURE - A AND PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. 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; "Wherefore, it is most respectfully prayed that this Hon'ble Court be pleased to appoint an arbitrator to adjudicate the dispute between the petitioner and the Respondents in terms of Clause of 5, 5.1 & 5.2 of the Powe Supply Agreement dated 08.07.2021 at Annexure-A and pass such other orders as this Hon'ble Court deems fit, in the interest of justice and equity." 2. The petitioner and respondents had entered into a Power Selling Agreement for facilitation of sale of power on 08.07.2021 which is governed by - 3 - HC-KAR NC: 2025:KHC:42231 CMP No. 61 of 2025 arbitration Clause in terms of Clause 5.2, which is reproduced hereunder for easy reference; 5.2 Any dispute, controversy or disagreement between the Parties arising out of or in connection with this Agreement, and/or the interpretation/implementation of any provision hereof shall be settled through arbitration proceedings in accordance with the Indian Arbitration and Conciliation Act, 1996 to be held in Bengaluru, India. In the event the parties fail to agree on a sole arbitrator within Thirty (30 days) days from the date of dispute raised by any of the parties, then each Party shall appoint one (1) arbitrator. The two (2) arbitrators appointed by the Parties shall then jointly appoint a third arbitrator who shall serve as a presiding arbitrator. 3. Both the counsels submit that they have no objection for an appointment of suitable person as an arbitrator, however request that a sole arbitrator be appointed instead of the panel of 3 arbitrators as contained in Clause 5.2 extracted hereinabove. 4. In that view of the matter, I pass the following; ORDER i. CMP is allowed. ii. Sri.H.N.Nagamohan Das., former Judge of this Court is appointed as a sole arbitrator to arbitrate the dispute between the parties under - 4 - HC-KAR NC: 2025:KHC:42231 CMP No. 61 of 2025 the aegis of the Arbitration Centre attached to this Court. iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 06.11.2025. v. All contentions are kept open. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 61