- 1 - HC-KAR NC: 2025:KHC:40479 CMP No. 406 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 406 OF 2024 BETWEEN: M/S. 3M INDIA LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT, NO 48-51, ELECTRONICS CITY, HOSUR ROAD, BENGALURU - 560 100 HAVING ITS CORPORATE OFFICE AT, WEWORK PRESTIGE CENTRAL, 3RD FLOOR, 36, INFANTRY ROAD, BENGALURU-560 001. REP. BY ITS AUTHORISED SIGNATORY, MR. KAPIL DUA …PETITIONER (BY SMT. BHAVANA ARUL & SRI CHINTAN CHINNAPPA M, ADVOCATES) AND: MR. G. B. ROY, PROPRIETOR OF M/S. G.K. ENTERPRISES, HAVING OFFICE AT, NO. 86/1B, EAST SINTHEE ROAD, KOLKATA, WEST BENGAL - 700 300. EMAIL:GKENTERPRISE31@GMAIL.COM …RESPONDENT (RESPONDENT SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING THAT THIS HON'BLE COURT BE PLEASED TO APPOINT THE SOLE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40479 CMP No. 406 of 2024 ARBITRATOR IN TERMS OF THE CLAUSE 10.2 OF THE CONVERTOR AGREEMENT DATED 22/10/2019 VIDE ANNEXURE-C TO RESOLVE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES AND ALSO PASS SUCH OTHER DIRECTIONS OR ORDERS AS THIS HON'BLE COURT MAY DEEM FIT AND NECESSARY IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; "WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court be pleased to appoint the Sole Arbitrator in terms of the Clause 10.2 of the Convertor Agreement dated 22/10/2019 vide Annexure-C, to resolve the disputes that have arisen between the parties and also pass such other directions or orders as this Hon'ble Court may deem fit and necessary in the circumstances of the case and in the interest of justice and equity." 2. The Petitioner and Respondent had entered into a converter agreement on 22.10.2019, which is governed by an Arbitration Clause in terms of Clause 10.2 thereof, which is reproduced hereunder for easy reference: - 3 - HC-KAR NC: 2025:KHC:40479 CMP No. 406 of 2024 "10.2 Without prejudice to the provisions hereof, in the event of any dispute, difference. conflict or question arising between the Parties hereto relating to or concerning or arising out of this Agreement is not resolved within sixty days after that request, then, the aggrieved Party shall give the other notice in writing of the existence of such dispute and the parties shall proceed to resolve such matter by arbitration. The arbitration proceedings shall be in accordance with the provisions of the Arbitration & Conciliation Act 1996 and any other statutory amendments or modifications thereof. The arbitration shall be conducted by a sole arbitrator who shall be appointed with the mutual consent of both the Parties. The arbitration proceedings shall be held in Bangalore. All negotiations will be conducted in English and all documents, including this Agreement, will be written in English. The Arbitrator shall have summary powers and he shall be bound to give reasons for his holdings. The decision of the Arbitrator shall be final and binding on both the parties." 3. There being certain disputes as regards payments to be made by the Respondent to the Petitioner. The Petitioner had initially issued a notice on 19.11.2020. No reply having been received thereto. The Petitioner issued one more notice on 25.01.2024, invoking the Arbitration Clause and nominating its Arbitrator. Though the said notice has been served on the Respondent on 01.02.2024, no reply having been issued. Hence, the petitioner has approached this Court. - 4 - HC-KAR NC: 2025:KHC:40479 CMP No. 406 of 2024 4. Notice having been issued by this Court. Though notice has been served on the Respondent, there is no appearance on the part of the Respondent. In that view of the matter, a perusal of the converter agreement indicating categorically that it is governed by an Arbitration Clause, it is but required that the disputes arising between the parties are required to be adjudicated and resolved by way of arbitration. 5. In the above background, I pass the following: ORDER i. CMP is allowed. ii. Sri. G.Nanjundaiah, a former District Judge 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 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 - 5 - HC-KAR NC: 2025:KHC:40479 CMP No. 406 of 2024 without requirement of any further notice on 27.10.2025 at 2.30 p.m. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 72