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2025 DAILYLAW 73260 (KAR)

CATERPILLAR FINANCIAL SERVICES INDIA PRIVATE LIMITED v. BONAGALLA KRISHNA

CMP/325/2025 · 2025-10-24

Suraj Govindaraj

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:42239 CMP No. 325 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. 325 OF 2025 BETWEEN: CATERPILLAR FINANCIAL SERVICES INDIA PRIVATE LIMITED, A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: PRESENT AT GROUND FLOOR, PRESTIGE SHANTINIKETAN, CRESCENT 1, WHITEFIELD ROAD HOODI, WHITEFIELD BENGALURU, BENGALURU URBAN, KARNATAKA 560 048. …PETITIONER (BY SRI THAKUR RISHABH RAJ, ADVOCATE) AND: 1. BONAGALLA KRISHNA, 10-44, THOODUKURTHY, THOODUKURTHY, MAHABUBNAGAR, TELANGANA 509 235. CONTRACT NO. 95429 61451. 2. BONAGALLA RAMULU, 10-44, THOODUKURTHY, THOODUKURTHY, MAHABUBNAGAR, TELANGANA 509 235. …RESPONDENTS (RESPONDENTS SERVED) THIS CMP IS FILED UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTES AND DIFFERENCES AMONGST THE PARTIES IN TERMS OF CLAUSE 21 OF THE LOAN AND SECURITY AGREEMENT BEARING NO.80870003327 ANNEXURE B Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42239 CMP No. 325 of 2025 DATED 17.09.2022 EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS. 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; a. APPOINT a sole arbitrator to resolve the disputes and differences amongst the parties in terms of Clause 21 of the Loan and Security Agreement bearing No.80870003327 Annexure-B dated 17.09.2022 executed between the Petitioner and the Respondents. b. GRANT such other order/s that this Hon'ble Court may deem fit on the facts and in the circumstances of the case, in the interest of Justice and Equity." 2. After arguing for sometime, learned counsel for the petitioner seeks permission to withdraw the above petition with liberty to issue a fresh notice under Section 21 of the Arbitration and Conciliation Act, 1996 and approach this Court, if necessary. 3. Reserving such liberty, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR, List No.: 1 Sl No.: 81