- 1 - HC-KAR NC: 2025:KHC:51453 CMP No. 348 of 2025 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. 348 OF 2025 BETWEEN: INSTAKART SERVICES PRIVATE LIMITD BULIDINGS ALYSSA, BEGONIA AND CLOVER, EMBASSY TECH VILLAGE, OUTER RING ROAD, DEVARABEESANAHALLI VILLAGE, BENGALURU - 560103 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE TARUN A N …PETITIONER (BY SRI. PRATEEK CHANDRAMOULI., ADVOCATE FOR SMT. VIDYASHREE K S., ADVOCATE) AND: S S LOGISTICS FLAT NO. 302 BLDG A, 3RD FLOOR, GULASHANE SHABIR B/H HEMANGI APT, MUGLISARA, SURAT, GUJARAT- 395003. ALSO, AT 3RD FLOOR, OFFICE NO. 322, GOLDEN PLAZA, NR SATNAM SAKSHI GATE, GOLDEN CHOWKDI, VADODRA, GUJARAT- 390022. …RESPONDENT (RESPONDENT SERVED) THIS CMP IS FILED UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR UNDER SEC. 11 OF ARBITRATION AND CONCILIATION ACT 1996 TO ADJUDICATE UPON THE DISPUTES UNDER CLAUSE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51453 CMP No. 348 of 2025 18(b) OF THE SERVICE PARTNER AGREEMENT DATED 08.12.2022 VIDE ANNEXURE A AND ETC. THIS CMP, 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 under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate upon the disputes under clause 18(b) of the Service Partner Agreement dated 08.12.2022 vide Annexure-A; B. Pass such other and further orders as this Hon’ble Court may deem fit in the interest of justice and equity. 2. The petitioner and the respondent had entered into logistic service agreement which is governed by arbitration clause, in terms of clause 18 which is reproduced hereunder for easy reference: “18. Governing Law, Jurisdiction and Dispute Resolution: a. Governing Law and Jurisdiction This Agreement, the construction and enforcement of its terms and the interpretation of the right and duties of the Parties hereto shall be governed by the laws of India and shall be subject to the sole - 3 - HC-KAR NC: 2025:KHC:51453 CMP No. 348 of 2025 and exclusive jurisdiction of courts in Bengaluru. This Agreement is executed in English language which shall prevail over any translation thereof. b. Dispute Resolution: i. All disputes arising out of or in relation to this Agreement (whether before or after the termination or breach of this Agreement), including any question regarding its existence validity, or termination, which cannot be amicably resolved by the Parties within 30 days of being brought to their attention, shall be settled by arbitration governed by the provisions of Arbitration and Conciliation Act, 1996 and any amendments thereof. The Parties mutually agree to appoint a sole arbitrator. The award of the arbitrator shall be final and conclusive and binding upon the Parties. The seat of Arbitration shall be Bengaluru, Karnataka and the language of arbitration shall be English. The cost of arbitration shall be borne by the Parties equally. ii. The existence of any dispute or difference or the initiation or continuance of the arbitration proceedings shall not postpone or delay the performance by the Parties of their respective obligations pursuant to this Agreement. It is agreed that the arbitrators shall also determine and make an award as to the costs of the arbitration proceedings. Notwithstanding anything contained herein, the Parties shall have a right to institute legal proceedings to prevent any continuing breach of the provisions of this Agreement to seek an injunctive or any other specific relief.” 3. Contending that there are certain disputes between the parties, the petitioner issued notice raising certain dispute. Said dispute not being resolved, the petitioner on 8.11.2023 invoked the arbitration clause, nominated - 4 - HC-KAR NC: 2025:KHC:51453 CMP No. 348 of 2025 its arbitrator and issued notice under Section 21 of the Arbitration and Conciliation Act. The said notice having been served on the respondent, respondent has not replied to the same. As such, the petitioner has approached this Court seeking for the aforesaid reliefs. 4. Notice having been issued by this court to the respondent, the respondent has chosen to remain unrepresented. A perusal of the document indicates that there is an agreement entered into between the parties which is governed by an arbitration clause requiring the dispute between parties to be resolved by way of arbitration. In that view of the matter, I pass the following: ORDER i. The CMP is allowed. ii. Sri.Basavaraj S.Sappannavar, Former District Judge of the District Judiciary, State of Karnataka 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:51453 CMP No. 348 of 2025 iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 16.12.2025. v. All contentions are left 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 LN List No.: 1 Sl No.: 69