- 1 - HC-KAR NC: 2025:KHC:48323 CMP No. 113 of 2025 C/W CMP No. 154 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 113 OF 2025 C/W CIVIL MISC. PETITION NO. 154 OF 2025 IN CMP No. 113/2025 BETWEEN: SRI SHIVAJI MALSAVARA DUNIYANTH AGED 34 YEARS, S/O SRI M G DUNIYANTH, RESIDING AT 2243, GROUND FLOOR, 15TH C CROSS, VANAGANAHALLI, SECTOR 1, HSR LAYOUT, BEHIND MARUTI SUZUKI ARENA, BANGALORE - 560102. …PETITIONER (BY SRI. PRIYANKA S ANGADI, ADVOCATE) AND: M/S MOENGAGE INDIA PVT LTD A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 2013, PRESENTLY NO. 32, 1ST FLOOR, SALAPURIA TOWER II, CHIKKU LAKSHMAIAH LAYOUT, LUSKAR HOSUR ROAD, KORAMANGALA, BANGALORE - 560034. REPRESENTED BY ITS DIRECTOR. …RESPONDENT (V/O DTD: 14.11.2025 ADITYA CHATTERJE, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR AS PER CLAUSE 13.2 OF THE EMPLOYMENT AGREEMENT DATED 18.03.2021, AT ANNEXURE A TO ADJUDICATE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48323 CMP No. 113 of 2025 C/W CMP No. 154 of 2025 THE DISPUTES THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY. IN CMP NO. 154/2025 BETWEEN: M/S MOENGAGE INDIA PRIVATE LIMITED CURRENT OFFICE AT 1ST FLOOR, NO.32, SALARPURIA TOWER II, CHIKKU LAKSHMAIAH LAYOUT, LUSKAR HOSUR ROAD, KORAMANGALA, BENGALURU - 560095 REPRESENTED BY MEGHNA PANDA ...PETITIONER (BY SMT.ADITYA CHATTERJEE, ADVOCATE) AND: MR. SHIVAJI MALASAVARA DUNIYANTH AGED 34 YEARS S/O SR. M.G. DUNIYANTH HAVING ADDRESSES AT 115, MALASAVARA AREHALLI, BELURU, HASSAN CHEEKNALLI ROAD-573101 AND 2243, GROUND FLOOR, 15TH C CROSS, VANAGANAHALLI, SECTOR 1, HSR LAYOUT, BEHIND MARUTI SUZUKI ARENA BENGALURU - 560102 ...RESPONDENT (BY SMT. PRIYANKA S. ANGADI, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO APPOINT A SOLE ARBITRATOR TO ARBITRATE THE ALL THE CLAIMS OF THE PETITIONER AGAINST THE RESPONDENT UNDER THE EMPLOYMENT AGREEMENT DATED 18 MARCH 2021, AS PER THE ARBITRATION AGREEMENT CONTAINED IN CLAUSE 13.2 THEREIN (PRODUCED AT ANNEXURE - A) AND ETC., THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:48323 CMP No. 113 of 2025 C/W CMP No. 154 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner in CMP No.113/2025 is before this Court seeking for the following relief’s; “a. Exercise the powers under Section 11(5) of the Arbitration and Conciliation Act, 1996 and appoint a sole arbitrator as per clause 13.2 of the employment agreement dated 18.03.2021, at annexure a to adjudicate the disputes that has arisen between the petitioner and the respondent in the interest of justice and equity. b. Grant such other reliefs as this Hon'ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.” 2. The Petitioner in CMP No.154/2025 is before this Court seeking for the following relief’s; a. Appoint a sole arbitrator to arbitrate the all the claims of the petitioner against the respondent under the employment agreement dated 18 march 2021, as per the arbitration agreement contained in clause 13.2 therein (produced at Annexure - A). b.Grant costs of this petition to the Petitioner; and c. Grant such other reliefs as the Hon'ble Court deems fit in the circumstances of the case, in the interests of justice and equity. 3. Both the petitions having been filed in respect of the very same agreement and the very same arbitration clause. Both the counsel submit that a suitable - 4 - HC-KAR NC: 2025:KHC:48323 CMP No. 113 of 2025 C/W CMP No. 154 of 2025 arbitrator could be appointed to adjudicate the disputes between the parties. 4. In that view of the matter, I pass the following; ORDER i. The CMP’s are allowed. ii. Hon'ble Sri Justice Sreenivas Harish Kumar, a former Judge of this Court is appointed as a sole arbitrator to arbitrate the dispute 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 & 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 09.12.2025. - 5 - HC-KAR NC: 2025:KHC:48323 CMP No. 113 of 2025 C/W CMP No. 154 of 2025 v. All contentions are left open. vi. Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 47