- 1 - HC-KAR NC: 2025:KHC:47114 CMP No. 437 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 437 OF 2024 BETWEEN: M/S. ABB INDIA LTD., (ABB) COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT "DISHA", 3RD FLOOR, PLOT NO. 5 AND 6 2ND STAGE, LPEENYA INDUSTRIAL AREA-IV, BENGALURU KARNATAKA- 560 058 RERPESENTED BY ITS AUTHORISED REPRESENTATIVE YUGANK RAJ SINGH …PETITIONER (BY SRI. VIVEK S., ADVOCATE) AND: M/S. SRIVARI AGENCIES HAVING ITS REGISTERED OFFICE AT OLD 45/10, NEW 96 PANCHALIAMMAN KOIL STREET ARUMBAKKAM, CHENNAI TAMIL NADU 600 106 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE B. SEETHARAMAN …RESPONDENT THIS CIVIL MISCELLANEOUS PETITION FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47114 CMP No. 437 of 2024 CONSIDERING THE VALUE OF THE CLAIMS TO ADJUDICATE THE DISPUTES THAT HAS ARISEN BETWEEN PETITIONER AND RESPONDENT, IN TERMS CLAUSE 18.2 OF THE THIRD-PARTY CHANNEL AGREEMENT DATED 26.02.2020. (ANNEXURE-B), AND ETC. 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: “i. Appoint a Sole Arbitrator considering the value of the claims to adjudicate the disputes that has arisen between petitioner and respondent, in terms of the clause 18.2 of Third-Party Channel Agreement dated 26.02.2020 entered into between petitioner and respondent (produced as Annexure-B). ii. Award cost of the petition; and iii. Grant such other and further reliefs as this Hon’ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice and equity.” 2. The petitioner and the respondent entered into a Third-Party Channel agreement on 26.02.2020, which is governed by an arbitration clause in terms of clause–18, which is reproduced hereunder for easy reference: - 3 - HC-KAR NC: 2025:KHC:47114 CMP No. 437 of 2024 “18. DISPUTES AND APPLICABLE LAW : 18.1 The Contract shall be governed by the substantive laws of India. 18.2 Any dispute arising out of or in connection with the Contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 ("Act"), including any statutory modification thereof. The arbitration shall be conducted by three arbitrators, one each to be appointed by ABB and Purchaser and the third to be appointed by both the arbitrators in accordance with the Act. If either of the parties fails to appoint its arbitrator within thirty (30) days after receipt of a notice from the other party invoking the arbitration clause, the appointment of arbitrators shall be in accordance with the provisions of the Act. The decision of the majority of the arbitrators shall be final and binding upon the parties. The language of the arbitration proceedings and that of the documents and communications between the parties shall be English. The arbitration shall be held in Bangalore, India.” 3. There being certain disputes between the parties, the petitioner has issued a Notice raising the disputes and subsequently had invoked the arbitration clause vide his Notice dated 08.05.2024 and nominated his Arbitrator. - 4 - HC-KAR NC: 2025:KHC:47114 CMP No. 437 of 2024 4. The said notice having been served on the respondent by way of an email and there being no concurrence, the petitioner is before this Court seeking for the aforesaid reliefs. 5. A perusal of the arbitration clause would indicate that the dispute between the parties is to be arbitrated by a panel of three arbitrators. In that view of the matter, the arbitrator nominated by the petitioner is treated as a nominee of the petitioner. Further, on behalf of the respondent, *Sri. Mithun G.A., learned counsel is appointed as an Arbitrator on behalf of the respondent. The two arbitrators shall appoint a third arbitrator to arbitrate the dispute between the parties. 6. In that view of the matter, I pass the following: ORDER i. CMP petition is Allowed. *Corrected vide Court Order dated 05.12.2025 - 5 - HC-KAR NC: 2025:KHC:47114 CMP No. 437 of 2024 ii. The Arbitration between the parties shall be conducted under the aegis of the Arbitration Centre attached to this Court. iii. All contentions including that of arbitrability are left open to be decided by the learned arbitrators. iv. Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre on 27.11.2025 at 2.30 p.m. without requirement of any further notice. v. Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful. SD/- (SURAJ GOVINDARAJ) JUDGE JJ List No.: 1 Sl No.: 22