- 1 - HC-KAR NC: 2025:KHC:42232 CMP No. 211 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 211 OF 2025 BETWEEN: K12 TECHNO SERVICES PRIVATE LIMITED, COMPANY INCORPORATED UNDER COMPANIES ACT 1956, HAVING REGISTERED OFFICE AT 1ST AND 2ND FLOOR, NO. 60/1, 1ST MAIN ROAD, INDUSTRIAL SUBURB, 2ND STAGE, YESHWANTHPUR WARD 42, LAXMIDEVINAGAR, BANGALORE - 560 022, REP. BY ITS AUTHORIZED SIGNATORY ANJU NAIR. …PETITIONER (BY SRI SUSHAL TIWARI N, ADVOCATE) AND: ITW CATALYST PRIVATE LIMITED, COMPANY INCORPORATED UNDER COMPANIES ACT 1956, HAVING REGISTERED OFFICE AT: NO. 16/1, 1ST FLOOR, AVS COMPOUND, 80 FEET ROAD, 4TH BLOCK, KORAMANGALA, BANGALORE-560 034. REP. BY ITS AUTHORIZED REPRESENTATIVE. …RESPONDENT (BY SRI S KALYAN BASAVARAJ, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) / (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR WITH DIRECTION TO ENTER REFERENCE IN TERMS OF CLAUSE 14(3) OF ENDORSEMENT AGREEMENT DATED 24.03.2022 PRODUCED AS ANNEXURE A AND AS PER THE ARBITRATION NOTICE DATED 02.09.2023 ISSUED ON BEHALF OF Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42232 CMP No. 211 of 2025 PETITIONER AS AT ANNEXURE M AND TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT ETC. THIS PETITION, COMING ON FOR ORDERS, 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; a. "Appoint s sole arbitrator with direction to enter reference in terms of Clause 14(3) of Endorsement Agreement dated 24.03.2022 produced as ANNEXURE-A and as per the Arbitration Notice dated 02.09.2023 issued on behalf of Petitioner as at ANNEXURE-M and to adjudicate the dispute between the Petitioner and the Respondent; b. Appoint either Arbitration Centre - Bengaluru or such other institution as this Hon'ble Court may deem fit as the arbitral institution to conduct the said arbitration proceedings; and c. Pass such other order(s) as this Hon'ble Court deems fit to grant in the circumstances of the case, including an order as to the costs of the present Petition, in the interest of justice and equity." 2. The execution of the endorsement agreement and the presence of arbitration Clause in the said agreement is not in dispute, so also is the invocation of the arbitration Clause is not in dispute. - 3 - HC-KAR NC: 2025:KHC:42232 CMP No. 211 of 2025 3. Both the counsels submit that an endeavor could be made through Mediation to explore the possibility of settlement and in the event of the said Mediation failing a sole arbitrator could be appointed to arbitrate the dispute between the parties. 4. In that view of the matter, I pass the following; ORDER i. CMP is allowed. ii. The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. Since, order is passed in the presence of both the counsels they shall appear before the Director, Karnataka Mediation Centre without requirement of any further notice at 02.30 p.m. on 06.11.2025. iii. In the event of mediation being successful, the successful mediation report to be placed before this Court. - 4 - HC-KAR NC: 2025:KHC:42232 CMP No. 211 of 2025 iv. In the event of mediation not being successful, the Director of Mediation Center is directed to forward the copy of the file to the Director of Arbitration and Conciliation Center attached to this Court. v. Sri. Ajit J. Gunjal., 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 with the consent of both parties. vi. All contentions are kept open. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 72