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2025 DAILYLAW 81544 (KAR)

WIPRO LIMITED v. OMICS INTERNATIONAL PVT LTD

CMP/247/2025 · 2025-10-24

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42233 CMP No. 247 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 247 OF 2025 BETWEEN: WIPRO LIMITED, HAVING ITS REGISTERED OFFICE AT, DODDAKKANNELLI, SARAJPURA ROAD, BENGALURU-560 035. REP. BY ITS SENIOR MANAGER, MR. SHRINATH M S, AGED ABOUT 54 YEARS. …PETITIONER (BY SRI PRASANNA V G, ADVOCATE) AND: OMICS INTERNATIONAL PVT. LTD., NOW HAVING ITS REGISTERED OFFICE AT, BUILDING NO.20, 9TH FLOOR, RAHEJA IT PARK, MINDSPACE, APIIC LAYOUT, HI TEC CITY, HYDERABAD-50081 (AS PER MCA WEBSITE) …RESPONDENT (BY SRI VIJAY NARAYAN, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF CPC, PRAYING TO APPOINT A PERSON AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES ARISING OUT OF THE LEASE AGREEMENT DATED 05.02.2019 (2ND FLOOR) LEASE) VIDE ANNEXURE B AND ARBITRATION CLAUSE 18 OF THE AGREEMENT AND THE TWO LEASE AGREEMENT DATED 16.01.2020 (GROUND FLOOR LEASE AND 5TH AND 6TH FLOOR LEASE) VIDE ANNEXURE C AND D DATED 16.01.2020 ARBITRATION CLAUSE 18 OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42233 CMP No. 247 of 2025 THIS PETITION, 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 person as the sole arbitrator to adjudicate the disputes arising out of the Lease Agreement dated 05 February 2019 (2nd floor lease) vide Annexure B and Arbitration clause 18 of the Agreement and the two Lease Agreements dated 16 January 2020 (ground floor lease and 5th and 6th floor lease) vide Annexure C and D dated 16.01.2020 Arbitration clause 18 of the Agreement executed between the Petitioner and the Respondent. b. Pass further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 2. After arguing for sometime, both the counsels submit that the execution of the Lease Agreement between the petitioner and respondent as also existence of the arbitration clause contained therein, are not in dispute. 3. However, there are various contentions of the respondent as regards the arbitrability of the matter - 3 - HC-KAR NC: 2025:KHC:42233 CMP No. 247 of 2025 and the claim made by the petitioner. Learned counsel for respondent submits that all these aspects would be left open for the adjudication by the arbitrator so appointed. 4. In that view of the matter, I pass the following; ORDER i. CMP is allowed. ii. Hon’ble Sri Justice A.S.Bopanna, a former Judge of the Hon'ble Supreme Court of India, is appointed as a sole Arbitrator to arbitrate the disputes between the parties. iii. The arbitration to be carried out in Bangalore at the venue to be fixed by the learned arbitrator. The parties shall appear before the learned Arbitrator on the date, time, and place as may be fixed by the Arbitrator. iv. All contentions including arbitrability are left open to be decided by the learned Arbitrator. - 4 - HC-KAR NC: 2025:KHC:42233 CMP No. 247 of 2025 v. Registrar (Judicial) is directed to forward a copy of this order to the Hon'ble Sri.Justice A.S.Bopanna, a former Judge of the Hon'ble Supreme Court of India at his Home Office. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 76