- 1 - HC-KAR NC: 2025:KHC:49729 CMP No. 574 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 574 OF 2024 BETWEEN: PRAKRUTHI PROTEIN FOODS INDIA PVT LTD RL FRESH CHICKEN UNIT OF ABOVE MENTIONED COMPANY HAVING ITS REGISTERED OFFICE AT NO 7,8TH MAIN ROAD HOYSALA NAGAR T C PALYA MAIN ROAD BENGALURU 560016 REP BY ITS DGM MR KARNAIAH GOUD …PETITIONER (BY SMT. SUNITHA H SINGH., ADVOCATE) AND: 1. M/S NAVI NUTRIX OFFICE AT NO 1/399 THALAMADUVU METTAHALLI-PO KAVERIPATTNAMAM 635112 TAMIL NADU REP. BY ITS PROPRIETOR SMT S PAVITHRA 2. SMT S PAVITHA PROPRIETOR M/S NAVI NUTRIX OFFICE AT NO 1/399 THALAMADUVU MITTAHALLI-PO KAVERIPATTANAM 635112 TAMIL NADU …RESPONDENTS (R1 AND R2 ARE SERVED) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49729 CMP No. 574 of 2024 THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT., PRAYING TO APPOINT A SINGLE ARBITRATOR AT BENGALURU TO DECIDE THE DISPUTED ISSUES BETWEEN THE PARTIES, AS PER THE CLAUSE 16 DISPUTE RESOLUTION OF THE ANNEXURE - A SERVICE AGREEMENT DATED 17.02.2024, AND GRANTING THE PETITIONER COSTS AND SUCH OTHER RELIEFS AS MAY BE DEEMED FIT IN THE INTERESTS OF JUSTICE AND EQUITY. 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; Wherefore the petitioner most respectfully prays that this Hon’ble Court may be pleased to Appoint a single Arbitrator at Bengaluru to decide the disputed issues between the parties, as per the clause 16 dispute resolution of the Annexure - A service agreement dated 17.02.2024, and granting the petitioner costs and such other reliefs as may be deemed fit in the interests of Justice and Equity. 2. The petitioner and the respondents had entered into service agreement on 17.02.2024 which is governed by an arbitration Clause in terms of Clause 16 thereof, which is reproduced hereunder for easy reference; 16. DISPUTE RESOLUTION: All disputes, differences and/or claims, if any, arising out of this Deed whether during its subsistence or thereafter shall be settled by arbitration in accordance - 3 - HC-KAR NC: 2025:KHC:49729 CMP No. 574 of 2024 with the provisions of the Arbitration and Conciliation Act 1996 or any other statutory amendments thereof and shall be referred to Sole Arbitration of an Arbitrator. The award given by such Arbitrator shall be final Stamp Duty and Registration of Award, as applicable, shall be borne by the party in default determination by the Arbitrator. The venue of the Arbitration Proceedings/shall be at Bangalore District only, Language of Arbitration shall be Kannada. 3. Alleging that there are certain disputes which have arisen between the parties, the petitioner issued a notice on 16.10.2024 indicated that there being disputes, the same will have to be referred to adjudication by way of a sole arbitrator. 4. However, the petitioner has neither nominated an arbitrator nor called upon the respondent to conquer with the appointment of any arbitrator. 5. In that view of the matter, the said notice does not qualify the requirements of Section 21 as Sub-section (4) of Section 11 of the Arbitration and Conciliation Act, 1996. 6. In that view of the matter, reserving liberty to the petitioner to issue fresh and proper notice and - 4 - HC-KAR NC: 2025:KHC:49729 CMP No. 574 of 2024 approach this Court, if necessary, the petition stands disposed of. 7. Original and/or certified copies if produced are directed to be returned to the respective parties who have produced it/them by following due procedure. 8. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 72