- 1 - HC-KAR NC: 2025:KHC:53026 CMP No. 526 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. 526 OF 2025 BETWEEN: M/S EXPORA DATABASE CONSULTING SERVICES PVT LTD A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 CARRYING THE BUSINESS AT 874, RAINEO HOUSE, 2ND FLOOR DR. MODI HOSPITAL ROAD, WEST OF CHORD ROAD BENGALURU 560 079 REPRESENTED BY ITS AUTHORISED DIRECTOR SRI VIJAYAKUMAR NANJUNDAPPA …PETITIONER (BY SRI. NATARAJA, ADVOCATE) AND: 1. KARNATAKA STATE ELECTRONICS DEVELOPMENT CORPORATION LIMITED A REGISTERED COMPANY UNDER THE COMPANIES ACT 1956 RUNNED BY GOVERNMENT OF KARNATAKA HAVING REGISTERED OFFICE 2ND FLOOR, TTMC A BLOCK BMTC, SHANTHINAGAR, K H ROAD HANUMANTHAPPA LAYOUT BENGALURU 560 027 REPRESENTED BY ITS MANAGING DIRECTOR SRI PAVAN KUMAR MALAPATI 2. SRI PAVAN KUMAR MALAPATI MANAGING DIRECTOR KARNATAKA STATE ELECTRONICS DEVELOPMENT CORPORATION LIMITED 2ND FLOOR, TTMC A BLOCK BMTC SHANTHINAGAR, K H ROAD Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53026 CMP No. 526 of 2025 HANUMANTHAPPA LAYOUT BENGALURU 560 027 …RESPONDENTS [R-2 DELETED VIDE COURT ORDER DT. 12.12.2025] (BY SRI. AJAY KUMAR M, ADVOCATE FOR R1 & R2) THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND RECONCILIATION ACT, PRAYING TO APPOINT AN ARBITRATOR FOR ADJUDICATION OF THE DISPUTES BETWEEN THE PETITIONER COMPANY AND RESPONDENTS ARISING OUT OF THE HUMAN RESOURCE CONTRACT AGREEMENT DATED 24.06.2020 ALTERNATIVELY APPOINT A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES BETWEEN THE PETITIONER COMPANY AND RESPONDENTS ARISING OUT OF THE AGREEMENT AS PER ANNEXURE A CLAUSE 13 OF AGREEMENT. THIS CMP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned counsel for the petitioner submits that he does not press the petition insofar as respondent No.2 is concerned and in that regard, respondent No.2 is deleted from the array of parties. 2. The petitioner is before this Court seeking for the following reliefs: a. Appoint an arbitrator for adjudication of the disputes between the petitioner company and respondents arising out of the human resource contract agreement dated 24.06.2020 alternatively appoint a sole arbitrator to adjudicate the disputes between the petitioner company and respondents - 3 - HC-KAR NC: 2025:KHC:53026 CMP No. 526 of 2025 arising out of the agreement as per Annexure A clause 13 of agreement. b. Direct the respondents to bear the costs of this petition. c. Pass any other order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interests of justice. 3. After arguing the matter for some time, learned counsel for the parties submit that the matter could be referred to mediation and thereafter to arbitration by an independent arbitrator appointed by this Court since the arbitration clause indicates that the Managing Director, has to act as an arbitrator, which is now no longer permissible in view of the Judgments of the Hon’ble Apex Court. 4. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. The parties are directed to appear - 4 - HC-KAR NC: 2025:KHC:53026 CMP No. 526 of 2025 before the Director, Karnataka Mediation Centre on 12.01.2026 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, Mediation Centre, is directed to forward a copy of the file to the Director, Arbitration and Conciliation Centre. v) Sri.Mohan S.Sankolli, former District Judge of the District Judiciary 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. 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 LN List No.: 1 Sl No.: 76