- 1 - HC-KAR NC: 2025:KHC:52912 CMP No. 326 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. 326 OF 2025 BETWEEN: CATERPILLAR FINANCIAL SERVICES INDIA PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTER UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT PRESENT AT GROUND FLOOR, PRESTIGE SHANTINIKETAN, CRESCENT 1, WHITEFIELD ROAD HOODI, BENGALURU URBAN, KARNATAKA- 560048 REP BY AUTHORIZED SIG VISHWAROOP NANJACHAR …PETITIONER (BY SRI. THAKUR RISHABH RAJ., ADVOCATE) AND: 1. SATISH GOPINATH LOHOT AT. GANGAPUR BK PO, SHINOLI TAL AMBEGAON DIST SHINOLI PUNE, MAHARASHTRA-410516 PHONE NO.9373278571, 9850220993 EMAIL: SATISHLOHOT79@GMAIL.COM 2. RAJSHREE SATISH LOHOT GANGAPUR BK, GANGAPUR ROAD, KHURD PUNE, MAHARASHTRA-410516 …RESPONDENTS (R1-R2 SD) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52912 CMP No. 326 of 2025 THIS CMP FILED UNDER SECTION 11(6) OF 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.808-70003283 DATED 24.08.2022 ANNEXURE B BETWEEN THE PETITIONER AND THE RESPONDENTS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "i. Appoint a sole arbitrator to resolve the disputes and differences amongst the parties in terms of Clause 21 of the Loan & Security Agreement bearing No.80870003283 Annexure-B dated 24.08.2022 executed between the petitioner and the respondents. ii. 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. The learned counsel appearing for the petitioner has filed a memo dated 02.12.2025, which reads as under: "The undersigned counsel for the petitioner humbly submits that there has been a typographical error in the notice sent to the - 3 - HC-KAR NC: 2025:KHC:52912 CMP No. 326 of 2025 Respondents under Section 21 of the Arbitration and Conciliation Act, 1996 for Invocation of Arbitration Clause. Thus, it is just & necessary to withdraw the present petition with a liberty to file fresh petition in the interest of Justice and Equity." 3. Reserving liberty to the petitioner to issue a fresh notice under Section 21 of the Arbitration and Conciliation Act, 1996 and approach this Court if so required, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE JY List No.: 1 Sl No.: 196