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2025 DAILYLAW 45358 (KAR)

GHODAWAT ENTERPRISES PVT LTD v. MS SUSAVI SINHA

CMP/128/2025 · 2025-11-25

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48685 CMP No.128 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.128 OF 2025 BETWEEN: 1. GHODAWAT ENTERPRISES PVT LTD REPRESENTED BY SIMRAN SINGH TIWANA AND RAJIT HAVING REGISTERED OFFICE AT 438, A/P CHIPRI POST - JAYSINGPUR, TAL - SHIROL, DIST - KOLHAPUR, MAHARASHTRA - 416 101. ALSO, HAVING CORPORATE OFFICE AT, PLOT 13-A-P2, KIADB HI-TECH DEFENSE AND AEROSPACE PARK, (IT SECTOR) BENGALURU - 562 149. …PETITIONER (BY SRI. VAMSHI KRISHNA C., ADVOCATE) AND: 1. MS. SUSAVI SINHA D/O CAPT. S.P SINHA AGED ABOUT 26YEARS R/A 25/28 NEPAL HOUSE, DORANDA, RANCHI, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48685 CMP No.128 of 2025 JHARKHAND - 834002. …RESPONDENT (BY SRI. VISHAKH NAG K.M., ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT., 1996, PRAYING TO APPOINT A RETIRED HIGH COURT JUDGE, AS THE SOLE ARBITRATOR TO ADJUDICATE ALL CLAIMS, AND DISPUTES BETWEEN THE PARTIES ARISING OUT OF CLAUSE NO.6.33 OF THE APPOINTMENT LETTER DATED 13.09.2021 (ANNEXURE - C) AND CLAUSE 9 OF INDEMNITY BOND DATED 21.09.2021 (ANNEXURE - D), ACCORDANCE WITH THE PROVISIONS OF PROCEDURE OF THE ARBITRATION AND CONCILIATION ACT, 1996, INCLUDING ANY AMENDMENT THEREOF. 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 counsel appearing for the parties. 2. In this petition, the petitioner have sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the appointment letter dated 13.09.2021 (Annexure-C) in - 3 - HC-KAR NC: 2025:KHC:48685 CMP No.128 of 2025 accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 3. Having taken note of the submissions made by the learned counsel appearing for the parties and upon perusal of Clause 6.32 and 6.33 of the Appointment Letter and Clause 9 of the Indemnity Bond dated 21.09.22 (Annexure-C and D respectively), I am of the considered opinion that, Arbitrator is to be appointed to adjudicate the dispute between the parties. 4. Accordingly, this petition under Section 11 (6) of the Act, 1996 is allowed.*Sri. D.R. Venkata Sudarshana, Retired District Judge is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. 5. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal. * corrected vide Chambers order dated 17.12.2025. - 4 - HC-KAR NC: 2025:KHC:48685 CMP No.128 of 2025 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter. 7. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. 8. Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 16.12.2025 at 11 am. am, without waiting for further notice in this regard. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 10