- 1 - HC-KAR NC: 2025:KHC:37736 CMP No. 257 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 257 OF 2025 BETWEEN: RHEA HEALTHCARE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 REP. BY SENIOR MANAGER HAVING REGISTERED OFFICE AT: 7A, 9TH FLOOR, PINNACLE CORPORATE PARK, BUILDING NO.19A WING, G-BLOCK, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI 400 051, MAHARASHTRA, INDIA. ALSO AT: 3RD FLOOR, EAST WING RAHEJA TOWER, MG ROAD, BENGALURU 560 001, KARNATAKA. …PETITIONER (BY SRI. SHISHIRA AMARNATH., ADVOCATE) AND: ANH TECHNOLOGIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 REP. BY MANAGING DIRECTOR, HAVING REGISTERED OFFICE AT: FLAT NO.171, SETH VIHAR CGHS LTD., Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37736 CMP No. 257 of 2025 PLOT NO-4, SECTOR-18A, DWARKA, NEW DELHI-110078 ALSO AT: FLAT NO. 3/8, 2ND FLOOR (REAR PORTION) ASAF ALI ROAD, AJMERI GATE EXTENSION DELHI 110 002, INDIA …RESPONDENT (BY SRI. HUCHCHAPPA J KARIGAR., ADVOCATE) THIS CIVIL MISC. PETITION FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT.,1996 PRAYING TO APPOINT AN ARBITRATOR AS ENVISIONED UNDER CLAUSE 16 OF THE MEMORANDUM OF UNDERSTANDING DATED 18.04.2022 (ANNEXURE - A) TO ADJUDICATE UPON AND DETERMINE AND BRING TO FINALITY THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND RESPONDENT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of the Arbitrator based on clause 16 of the Memorandum of Understanding dated 18.04.2022. 2. Heard the learned counsels appearing for the parties. - 3 - HC-KAR NC: 2025:KHC:37736 CMP No. 257 of 2025 3. It is submitted by the learned counsel appearing for the petitioner by referring to clause 16 of the Memorandum of Understanding at Annexure- A that, as there is dispute between the parties and in view of clause 16 of the Memorandum of Understanding at Annexure-A, learned Arbitrator be appointed for resolution of the dispute. 4. In that regard, Sri. Huchchappa J Karigar , learned counsel appearing for the respondent places reliance on the judgment of the Hon'ble Supreme Court in the case of N.N. GLOBAL MERCHANTILE (P) LTD. vs. INDO UNIQUE FLAME LTD. AND OTHERS1 and argued that, since the Memorandum of Understanding at Annexure- A is insufficiently stamped and therefore, sought for dismissal of the petition. 5. In reply to the same, learned counsel appearing for the petitioner places reliance on the judgment of the Hon'ble Supreme Court in Curative Petition No.44/2023 in 1 (2023) 7 SCC 1 - 4 - HC-KAR NC: 2025:KHC:37736 CMP No. 257 of 2025 RP No.704/2021 in CA No.1599/2020, wherein, at paragraph No.224, it is held as follows: "224. The discussion in preceding segments has held that non-stamping or insufficient stamping of an instrument does not render it invalid or non-existent. Therefore, paras 22 and 29 of Garware Wall Ropes [Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engg. Ltd., (2019) 9 SCC 209 : (2019) 4 SCC (Civ) 324] , which held that an arbitration agreement contained in an unstamped or insufficiently stamped contract would be non-existent in law, does not set forth the correct position of law." 6. Following the declaration of law made by the Hon'ble Supreme Court in the above Curative Petition, wherein, if the document placed by the parties is insufficiently stamped and such matters are to be arbitrable in nature and therefore, I am of the view that, the petition requires to be allowed by appointing an Arbitrator for resolution of the dispute between the parties. - 5 - HC-KAR NC: 2025:KHC:37736 CMP No. 257 of 2025 7. In that view of the matter, Sri. S.R.Somashekar, retired District Judge is appointed as Arbitrator. It is also open for the respondent herein to raise such plea before the learned Arbitrator in terms of the judgment of Hon'ble Supreme Court referred to above. 8. Accordingly, Civil Miscellaneous Petition is allowed. Since the parties are represented by the learned counsels, they are directed to appear before the Arbitration Centre, Bengaluru, on 28.10.2025. Sd/- (E.S.INDIRESH) JUDGE SPV List No.: 1 Sl No.: 23