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2025 DAILYLAW 55891 (KAR)

CROPNOSYS INDIA PRIVATE LIMITED v. SRI BALAJI TRADERS

CMP/13/2025 · 2025-08-12

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31156 CMP No. 13 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.13 OF 2025 BETWEEN: 1. CROPNOSYS INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 9TH FLOOR, ARLIGA NORTHSTAR OPPOSITE YELAHANKA POLICE STATION, (BESIDE RMZ GALLERIA MALL) YELAHANKA BENGALURU - 560064. …PETITIONER (BY SRI. NIKIT BALA, ADVOCATE) AND: 1. SRI BALAJI TRADERS 1-98, L-AGRAHARAM, OPPOSITE PANDURANGA TEMPLE WEST GODAVARI, ANDHRA PRADESH-534101 REPRESENTED BY ITS PROPRIETOR MR. SEELAMSETTI BALAJI ALSO AT 1-54, SEELAMSETTI VARI VEDHI, L AGRAHARAM, TADEPALLIGUDEM MANDALAM KONDRAPROLU, WEST GODAVARI, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31156 CMP No. 13 of 2025 ANDHRA PRADESH-534101. 2. SEELAMSETTI BALAJI, PROPRIETOR SRI BALAJI TRADERS 1-98, L-AGRAHARAM, OPPOSITE PANDURANGA TEMPLE WEST GODAVARI, ANDHRA PRADESH-534101 ALSO AT 1-54, SEELAMSETTI VARI VEDHI, L AGRAHARAM, TADEPALLIGUDEM MANDALAM KONDRAPROLU, WEST GODAVARI, ANDHRA PRADESH-534101. …RESPONDENTS (R1 AND R2 SERVED) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO, APPOINT MR.V.V.ANGADI, FORMER PRINCIPAL DISTRICT JUDGE AS THE SOLE ARBITRATOR AND THE MATTER BE REFERRED TO THE ARBITRATION AND CONCILIATION CENTRE (DOMESTIC AND INTERNATIONAL), KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU OF THE CLAUSE 15 (i) OF THE DISTRIBUTOR AGREEMENT DATED 09.12.2021 AT ANNEXURE B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:31156 CMP No. 13 of 2025 ORAL ORDER Heard the learned counsel appearing for the petitioner. Respondents served but remained absent. 2. In this petition, the petitioner has sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Distributor Agreement dated 09.12.2021 (Annexure-B), in 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 15(i) of the Distributor Agreement, I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties. 4. Accordingly, this petition filed under Section 11 (6) of the Act, 1996 is allowed. Sri. Vishwanath V. Angadi, retired District Judge, is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in - 4 - HC-KAR NC: 2025:KHC:31156 CMP No. 13 of 2025 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. 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. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 25