- 1 - HC-KAR NC: 2025:KHC:41551 CMP No. 489 of 2025 C/W CMP No. 465 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 489 OF 2025 C/W CIVIL MISC. PETITION NO. 465 OF 2025 IN CMP No. 489/2025 BETWEEN: M/S SORTING HAT TECHNOLOGIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE AT, MARUTHI INFOTECH CENTRE, 3RD FLOOR, A- BLOCK, DOMLUR, KORAMANGALA, INNER RING ROAD, BANGALORE - 560 071, REPRESENTED HEREIN BY ITS AUTHORIZED SIGNATORY, HARISH SASIKUMAR E-MAIL HARISH.SASIKUMAR@UNACADEMY.COM …PETITIONER (BY SRI. KASHYAP N. NAIK.,ADVOCATE) AND: MR ANSHUL AGARWAL, AGED ABOUT 3 YEARS, SON OF ANIL HARISHANKAR, RESIDING AT SATI - KRUPA, BUNGLOW NO.8B, DANDE COLONY, SAINAGAR, AMRAVATI, MAHARASHTRA- 444 607 Email- anshulagarwal@icai.org …RESPONDENT (BY SRI. RAJATH R HONGAL.,ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41551 CMP No. 489 of 2025 C/W CMP No. 465 of 2025 THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT HONBLE SHRI. ASHOK B. HINCHIGERI., HIGH COURT JUDGE (RETIRED) OR ANY OTHER PERSON THAT THIS HONBLE COURT MAY DEEM FIT, AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES OUT AS PER CLAUSE 22.5 OF THE EDUCATOR AGREEMENT DATED 25.07.2023 (ANNEXURE - B) THEREIN IN CMP NO. 465/2025 BETWEEN: ANSHUL ANIL AGRAWAL S/O MR. ANIL HARISHANKAR AGRAWAL AGED ABOUT 35 YEARS, FLAT NO.1702, SKYE LUXURIA 20, OPPOSITE SHALIMAR TOWNSHIP, VIJAY NAGAR, INDORE (MP) 452010. ...PETITIONER (BY SRI. SAMMITH S.,ADVOCATE) AND: M/S. SORTING HAT TECHNOLOGIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 AND HAVING ITS REGISTERED OFFICE AT MARUTHI INFOTECH CENTRE, 3RD FLOOR, A- BLOCK DOMLUR KORAMANGALA, INNER RING ROAD, BANGALORE - 560 071. ...RESPONDENT (BY SRI. KASHYAP N. NAIK.,ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:41551 CMP No. 489 of 2025 C/W CMP No. 465 of 2025 THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO EXERCISE THE POWER UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT ADVOCATE. K SAROJINI MUTHANNA AS THE SOLE ARBITRATOR TO ADJUDICATE ALL DISPUTES BETWEEN THE PARTIES IN TERMS OF CLAUSE 14 OF THE EMPLOYMENT AGREEMENT AND CLAUSE 22.04 OF THE EDUCATOR AGREEMENT MARKED AS ANNEXURE A. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner in CMP No.489/2025 is before this Court seeking for the following relief; "Appoint Hon'ble Shri. Ashok B. Hinchigeri., High Court Judge (Retired) 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 parties out as per clause 22.5 of the Educator Agreement dated 25.07.2023 (Annexure - B) therein". 2. Petitioner in CMP 465/2025 is before this Court seeking for the following relief; "a. Exercise the power under section 11 of the Arbitration and Conciliation Act, 1996 and appoint Advocate K. Sarojini Muthanna as the sole Arbitrator to adjudicate all disputes between the parties in terms of Clause 14 of the Employment Agreement and Clause 22.04 of the Educator Agreement marked as Annexure- A." - 4 - HC-KAR NC: 2025:KHC:41551 CMP No. 489 of 2025 C/W CMP No. 465 of 2025 3. The petitioner in CMP No.489/2025 is the respondent in CMP No.465/2025 and the petitioner in CMP No.465/2025 is the respondent in CMP No.489/2025. Both of them are before this Court contending that the other has not appointed an arbitrator despite a notice having been issued. In that view of the matter, the agreement entered into, the relationship between the parties and the existence of the arbitration clause is not in dispute. 4. The only issue that has arisen is on account of no consensus have been arrived at as regards the appointment of an arbitrator. Both the counsel submit that this Court could appoint an independent arbitrator. 5. In that view of the matter, I pass the following; ORDER i. CMP is allowed. - 5 - HC-KAR NC: 2025:KHC:41551 CMP No. 489 of 2025 C/W CMP No. 465 of 2025 ii. Shri Justice John Michael Cunha, a former judge of this Court, is appointed as a sole arbitrator to arbitrate the disputes between the parties under 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 and Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any further notice on 03.11.2025 at 02.30 p.m. v. All contentions are left open. Sd/- (SURAJ GOVINDARAJ) JUDGE RU, List No.: 1 Sl No.: 93