- 1 - HC-KAR NC: 2025:KHC:51571 CMP No. 480 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 480 OF 2023 BETWEEN: 1. M/S NEW ASIAN TELECOM HAVING THEIR OFFICE AT NO.1299, NEW NO.D-10, FIRST PORTION DEWANS ROAD, DEVARAJ MOHALLA MYSORE - 570 001 REPRESENTED BY SMT R V LAKSHMI PROPRIETOR …PETITIONER (BY SRI. Y. HARIPRASAD, ADVOCATE) AND: 1. MOBITECH CREATIONS PRIVATE LIMITED REGISTERED OFFICE AT NO.14/11, BLOCK-F, 1ST FLOOR, MODEL TOWN-II NEW DELHI - 110 009 2. MOBITECH CREATIONS PRIVATE LIMITED NO.D 13/1 MODEL TOWN II NEW DELHI - 110 009 3. MOBITECH CREATIONS PRIVATE LIMITED NO.1 MODEL TOWN PHASE II BLOCK Z2 PHASE 2 NEW DELHI - 110 009 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51571 CMP No. 480 of 2023 4. MOBITECH CREATIONS PRIVATE LIMITED NO.24-A, 21ST MAIN ROAD, JIGANI INDUSTRIAL AREA 1ST PHASE ANEKAL BENGALURU DIST 5. MOBITECH CREATIONS PRIVATE LIMITED UNIT NO.211 AND 21 II FLOOR HOSUR ROAD, CHIKKU LAKSHMAIAH LAYOUT KORAMANGALA BENGALURU - 560 095 6. MOBITECH CREATIONS PRIVATE LIMITED NOO.59, 1ST FLOOR, 80B FT ROAD KORAMANGALA 8TH BLOCK OPP SONY CENTRE, BENGALURU - 560 034 7. MOBITECH CREATIONS PRIVATE LIMITED NO.174, 175, BRIGADE ROAD, HARIDEVPUR SHANTHALA NAGAR ASHOK NAGAR BENGALURU - 560 001 …RESPONDENTS (RESPONDENT SERVED) THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL MISC. PETITION UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THIS HONBLE COURT BE PLEASED TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES IN TERMS OF CLAUSE NO. 14 OF THE MASTER SERVICE AGREEMENT DATED 27.08.2020 AND PASS SUCH OTHER ORDERS AS THIS HONBLE COURT DEEMS FIT, 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 - 3 - HC-KAR NC: 2025:KHC:51571 CMP No. 480 of 2023 ORAL ORDER 1. The petitioner is before this Court, seeking for the following relief: "Wherefore, it is most respectfully prayed that this Hon'ble Cort be pleased to appoint an arbitrator to adjudicate the dispute between the parties in terms of Clause no. 14 of the Master Service Agreement dated 27.08.2020 at Annex-A and pass such other orders as this Hon'ble court deems fit, in the interest of justice and equity." 2. The petitioner and the respondents entered into a Master Service Agreement on 27.08.2020, which is governed by an arbitration clause in terms of clause 14, which is reproduced hereunder for easy reference: 14. GOVERNING LAW AND DISPUTE RESOLUTION a. This Agreement shall be interpreted pursuant to the substantive laws of India. The Parties shall endeavour to resolve any dispute which may arise from or relate to this Agreement through amicable means. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach termination or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration & Conciliation Act, 1996 as at present in force and as may be amended by the rest of this clause. The seat of arbitration shall be Bangalore. The language or arbitration shall be English. 3. The petitioner had issued a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking the arbitration clause on 08.04.2023, which came to be served on the respondents, the respondents replied to - 4 - HC-KAR NC: 2025:KHC:51571 CMP No. 480 of 2023 the said notice indicating that it was not agreeable to the appointment of a nominee of the petitioner and instead suggested one other arbitrator. It is in that background that the petitioner is before this Court seeking for the aforesaid relief. 4. Notice having been served, the respondents have chosen to be unrepresented. 5. The fact that the respondents have not consented to the appointment of the arbitrator as nominated by the petitioner and have nominated their own arbitrator would indicate concurrence with the arbitration agreement. 6. In that view of the matter, I pass the following: ORDER i) The CMP is allowed. ii) Sri. Govindraj Deshpande, a retired 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. - 5 - HC-KAR NC: 2025:KHC:51571 CMP No. 480 of 2023 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 without requirement of any notice on 17.12.2025 at 2.30 p.m. v) All contentions are kept open. vi) 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 GJM List No.: 1 Sl No.: 26 CT-SG