- 1 - HC-KAR NC: 2025:KHC:45638 CMP No. 144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 144 OF 2025 BETWEEN: CATTERPILLER FINANCIAL SERVICES INDIA PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT PRESENTLY AT GROUND FLOOR, PRESTIGE SHANTINIKETAN, CRESCENT 1, WHITEFIELD ROAD HOODI, WHITEFIELD, BENGALURU. BENGALURU URBAN, KARNATAKA 560048. REPRESENTED BY AUTHORIZED SIGNATURE VISHWAROOP NANJACHAR. …PETITIONER (BY SRI. THAKUR RISHABHA RAJ., ADVOCATE) AND: 1. VINOD YADAV S/O RAMESH CHANDRA YADAV, GRAM MITTHANPUR, POST HALUHEDIKALAN, MITHANPUR, RAJGARH, MADHYA PRADESH 465683. EMAIL. VINODYADAV070781@GMAIL.COM 2. RAKHI YADAV W/O VINOD YADAV, GRAM MITHANPUR, POST HALUKHEDI KALAN, TEHSIL PACHORE, SARANPUR, RAJGARTH, MADHYA PRADESH 465683. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45638 CMP No. 144 of 2025 …RESPONDENTS THIS CMP IS FILED UNDER SECTION 11(6) OF THE 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 DATED 29.09.2023 ANNEXURE B EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS 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. 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 dated 29.09.2023 Annexure-B executed between the parties. b. Grant such other relief/s as this Hon’ble Court may deem fit to grant, in the facts and circumstances of the case, in the interest of justice and equity. 2. The learned counsel for the petitioner has filed a memo which reads as under: Memo for withdrawal The undersigned counsel for the Petitioner humbly submits that postal tracking report is not available for the notice sent to the Respondents under Section 21 of the Arbitration and Conciliation Act, 1996. Hence, the Petitioner hereby humbly seeks permission to - 3 - HC-KAR NC: 2025:KHC:45638 CMP No. 144 of 2025 withdraw the present petition with liberty to issue fresh notice under Section 21 of the Arbitration and Conciliation Act, 1996. Wherefore, it is humbly prayed that this memo may be taken on record in the interest of justice and equity and pass such other and further suitable orders as this Hon’ble Court may deem fit and proper.” 3. Accepting the said memo and submission of counsel for the petitioner, the above petition stands dismissed as withdrawn reserving liberty to the petitioner to issue a fresh and proper notice under Section 21 of the Arbitration and Conciliation Act, 1996. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 68