- 1 - HC-KAR NC: 2025:KHC:46771 CMP No. 439 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 439 OF 2025 BETWEEN: 1. M/S TATWA TECHNOLOGIES LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT PLOT NO.E-52, INFOCITY, CHANDAKA INDUSTRIAL ESTATE, BHUBANESWAR-751024, ODISHA, INDIA, REPRESENTED BY MR CHETAN M SHET 2. M/S SENOVAG INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO.322, BTM 6TH STAGE, 1ST BLOCK, 2ND PHASE, BENGALURU 560076, INDIA REPRESENTED BY MR CHETAN M SHET …PETITIONERS (BY SRI. SIDDHARTH B. MUCHANDI, ADVOCATE) AND: DEPARTMENT OF SERICULTURE 5TH FLOOR, 1ST GATE, M S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS COMMISSIONER …RESPONDENT (BY SMT.SARITHA KULKARNI, AGA) THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO AS PER THE CLAUSE 7.2(b) OF THE CONTRACT DATED 28.07.2023 AS PER ANNEXURE B MAY BE PLEASED TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON THE DIFFERENCE AND DISPUTES BETWEEN THE PARTIES HERETO AND PASS SUCH FURTHER ORDERS AS THIS HONBLE COURT MAY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46771 CMP No. 439 of 2025 DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND THUS RENDER JUSTICE. 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 petitioners are before this Court seeking for the following reliefs: a. As per the clause 7.2(b) of the contract dated 28.07.2023 as per Annexure B may be pleased to appoint a Sole Arbitrator to adjudicate upon the difference and disputes between the parties hereto and pass such further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice. 2. The petitioners have invoked the Arbitration Clause at 7.2, which is reproduced hereunder for easy reference: “7.2 Settlement of Disputes: a) Any dispute of either party, which cannot be settled amicably amongst themselves within thirty days of either party intimating it to the other party through writing, shall submit their dispute to the Principal Secretary, Horticulture Department in writing. The Principal Secretary shall, within thirty days, hear the dispute of the parties and pass the judgement, the orders of the Principal Secretary shall be final. b) If the Service Provider is not in Agreement to the judgement of the Principal Secretary to the - 3 - HC-KAR NC: 2025:KHC:46771 CMP No. 439 of 2025 dispute, either party may, within 30 days of judgement of the Principal Secretary, may approach The Arbitration & Conciliation Centre- Bengaluru of High Court of Karnataka, which shall be settled as per "The Arbitration & Conciliation Centre Rules, 2012" and its Amendment, which is in effect from 05-07- 2016.” 3. A perusal of the said clause indicates that the dispute has to be referred to the Principal Secretary, Horticulture Department, who has to pass judgment in the matter and it is only if the judgment of the Principal Secretary is not acceptable to the petitioner, then the petitioner can approach the Arbitration Conciliation Center, Bangalore of the High Court of Karnataka. Hence, on two accounts the petition would not be maintained. Firstly the Principal Secretary is yet to pass a judgment. Secondly even for appointment of arbitrator the petitioner would have had to approach the Arbitration Conciliation Center and not this Court. 4. On enquiry with the learned A.G.A., it is submitted that necessary orders would be passed by the - 4 - HC-KAR NC: 2025:KHC:46771 CMP No. 439 of 2025 Principal Secretary within a period of 30 days from the date of receipt of copy of this order. 5. Placing the said submission on record, the petition stands disposed. 6. 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 PRS List No.: 1 Sl No.: 60