- 1 - HC-KAR NC: 2025:KHC:38300 CMP No. 357 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 357 OF 2025 BETWEEN: KOTAK MAHINDRA BANK LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956. HAVING ITS REGISTERED OFFICE AT 27, BKC, C 27, G BLOCK, BANDRA KURLA COMPLEX, MUMBAI - 400 051. ALSO HAVING ITS BRANCH OFFICE AT NO. 22, M.G ROAD, BANGALORE - 560 001 REP. BY ITS AUTHORISED SIGNATORY RATNAVEER SINGH. …PETITIONER (BY SRI. C.K. NANDA KUMAR, SR. COUNSEL FOR SRI. RAGHURAM CADAMBI, ADVOCATE) AND: HDFC LIFE INSURANCE COMPANY LIMITED (EARLIER EXIDE LIFE INSURANCE COMPANY LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956. HAVING ITS REGISTERED OFFICE AT LODHA EXCELUS, 13TH FLOOR, APOLLO MILLS COMPOUND, N. M. JOSHI MARG, MAHALAXMI, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38300 CMP No. 357 of 2025 MUMBAI - 400 011. …RESPONDENT (BY SRI. MOHANAKRISHNA C.,ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT HONBLE JUSTICE R.V. RAVEENDRAN (RETD.)., FORMER JUDGE OF THE HONBLE SUPREME COURT OF INDIA OR ANY OTHER FIT PERSON TO ADJUDICATE/RESOLVE THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT IN CONNECTION WITH THE CORPORATE INSURANCE AGENT AGREEMENT DATED 28.07.2004 PARA 16 PRODUCED AT ANNEXURE - A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsels appearing for the parties. 2. Sri. C.K. Nandakumar, learned senior counsel appearing on behalf of Sri. Raghuram Cadambi, learned counsel appearing for the petitioner referred to Clause - 16 of the Corporate Insurance Agent Commission (Annexure - A) and submitted that, appointment of Arbitrator is - 3 - HC-KAR NC: 2025:KHC:38300 CMP No. 357 of 2025 necessitated insofar as the demand made by the petitioner herein for Full Renewal Commission owed to the petitioner herein from 01.04.2017 till date as mentioned in the legal notice dated 28.03.2025 (Annexure - C). In addition to the same, learned senior counsel appearing for the petitioner places the judgment in COM.A.A.No.166/2021 on the file of LXXXIII Additional City Civil and Sessions Judge, Commercial Court, Bengaluru (CCH-84) and by referring to paragraph No.17, it is argued that, the claim made by the petitioner herein is only insofar as the renewal commission, subsequent to the claim made by the petitioner as per the earlier award passed by the learned Arbitrator dated 15.05.2018 and accordingly, sought for allowing this petition. 3. Per contra, Sri. Mohankrishna C., learned counsel appearing for the respondent submitted that, since already an award has been passed by the competent Arbitrator at Document No.3 in the memo dated 05.08.2025 and therefore, as already the said award is - 4 - HC-KAR NC: 2025:KHC:38300 CMP No. 357 of 2025 under question before this Court in COMAP.No.410/2022 and therefore, till the adjudication of the said appeal by this Court, in respect of challenging the earlier award, no interference is called for in this petition. 4. It is also contended by the learned counsel appearing for the respondent by placing reliance on the judgment of the Hon'ble Supreme Court in the case of NTPC LTD. VS. SPML INFRA LTD. reported in (2023) 9 SCC 385 and argued that, this Court while considering the petition under Section 11(6) of Arbitration and Conciliation Act shall be endowed with respect to relief claimed by the parties and no order be passed mechanically by referring the matter to the Arbitrator without considering the factual aspects on record. In addition to this, the learned counsel appearing for the respondent placed reliance on the judgment of Hon'ble Supreme Court in the case of M/S. TANTIA CONSTRUCTIONS LIMITED VS. UNION OF INDIA in Special Leave Appeal (C) No.10722/2022 dated 15.07.2022 and argued that, there cannot be two - 5 - HC-KAR NC: 2025:KHC:38300 CMP No. 357 of 2025 arbitration proceedings with respect to the very same transaction and therefore sought for dismissal of the petition. 5. In the light of the submissions made by the learned counsels appearing for the parties, I have perused the award passed by the learned Arbitrator dated 15.05.2018, in the earlier proceedings, the claim made by the petitioner herein is with respect to renewal of the Commission for the period from 01.12.2014 to 31.03.2017. The said claim made by the petitioner herein has been accepted by the learned Arbitrator, however, the same is pending consideration before this Court in COMAP.No.401/2022. In the backdrop of these aspects, taking into consideration, the order dated 19.09.2024 in Com.A.A.No.166/2021 wherein, at paragraph No.17, the learned Judge opined that, Renewal Commission accrued subsequent thereto and further holding that, cause of action has not arisen on the date of claim petition in the earlier award. I am of the opinion that, the petitioner - 6 - HC-KAR NC: 2025:KHC:38300 CMP No. 357 of 2025 herein has made out a case for appointment of an Arbitrator. It is pertinent to mention here as the said order passed by the learned Judge is unchallenged and same has reached finality. 6. In that view of the matter, taking into consideration the fact that, the claim made by the petitioner herein is with regard to Renewal Commission from the period dated 01.04.2017 onwards which has not been considered in the earlier proceedings, I am of the view that, the judgments referred to by the learned counsel appearing for the respondent cannot be made applicable to the present case insofar as the appointment of Arbitrator under Section 11(6) of Arbitration and Conciliation Act is concerned. 7. In that view of the matter, I am of the opinion that, Hon'ble Shri Justice A.S.Bopanna, Former Judge, Hon'ble Supreme Court of India, is appointed as an Arbitrator to resolve the dispute between the parties. It is also made clear that, as the parties have expressed their - 7 - HC-KAR NC: 2025:KHC:38300 CMP No. 357 of 2025 willingness for Adhoc Arbitration proceedings, it is open for Hon'ble Justice Shri A.S.Bopanna, Former Judge, Hon'ble Supreme Court of India, to take decision in the matter. 8. Hence, this Civil Miscellaneous Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 32 CT: BHK