Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53056 CMP No. 282 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 282 OF 2025 BETWEEN:
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M/S UNITED BREWERIES LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT UB TOWER, UB CITY, NO. 24 VITTAL MALYA ROAD, BANGALORE 560 001 REP. BY ITS AUTHORIZED SIGNATORY SHELLY KOHLI, DIRECTOR LEGAL AGED ABOUT 49 YEARS W/O PRAVEEN KUMBNANI EMAIL SHELLY.KOHLI@UBMAIL.COM …PETITIONER (BY SRI. KASHYAP N. NAIK., ADVOCATE) AND:
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SUKUMAR DAS AGED ABOUT 60 YEARS S/O OF LATE MR. ARJUN CHANDRA DAS HAVING HIS OFFICE AT BD 182 SECTOR I, SALT LAKE CITY KOLKATA - 700 064 MAIL. SUKUMARDAS182@GMAIL.COM …RESPONDENT (BY SRI. RAJU BHAT., ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT EITHER HONBLE (RETD) J ASHOK B HICHIGERI OR HONBLE (RETD) J.N.KUMAR OR ANY OTHER PERSON THAT THIS HONBLE COURT MAY DEEM FIT AS THE SOLE ARBITRATOR TO ADJUDICATE THE PRESENT DISPUTE BETWEEN THE PARTIES IN TERMS OF CLAUSE 18 OF THE AGREEMENT DATED 28.01.2015 (ANNEXURE A)
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53056 CMP No. 282 of 2025
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: A. Appoint either Hon'ble (Retd.) J. Ashok B Hichigeri or Hon'ble (Retd.) J. N Kumar or any other person that this Hon'ble Court may deem fit as the sole Arbitrator to adjudicate the present dispute between the parties in terms of Clause 18 of the Agreement dated 28.01.2015 (Annexure A) herein; and
B. Grant such other relief(s) as this Hon'ble Court may deem fit, including the costs of these proceedings, in the interest of justice and equity.
2. The submission of the learned counsel for the respondent is that if the documents which have been sought for by the respondent at Para 5 of the reply dated 25.10.2024 at Annexure-E are furnished to the respondent, the matter could initially be referred to mediation and only in the event of the mediation failing matter could be referred to arbitration.
3. The learned counsel for the petitioner in reply submits that if a list of documents is furnished by the
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HC-KAR NC: 2025:KHC:53056 CMP No. 282 of 2025
respondent, the said documents would be furnished within seven days of such list furnished. The submission is placed on record.
4. In that view of the matter, I pass the following:
ORDER i) The CMP is allowed. ii) The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint Sri.Prashant Chandra, as a mediator to resolve the dispute between the parties. The parties are directed to appear before the Director, KMC on 12.1.2026 at 02.30 p.m.
iii) In the event of mediation being successful, the successful mediation report to be placed before this Court.
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.
v) Sri.Justice Anand Byra Reddy, 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.
vi) All contentions are kept open.
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HC-KAR NC: 2025:KHC:53056 CMP No. 282 of 2025
vii) 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.: 52