- 1 - HC-KAR NC: 2025:KHC:45686-DB WP No. 17534 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 17534 OF 2022 (GM-RES) BETWEEN: KALKI COMMUNICATION TECHNOLOGIES PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT: 17/1, 4tH FLOOR, OUTER RING ROAD, KADUBEESANAHALLI, BELLANDUR, OPPOSITE PRESTIGE CESSNA BUSINESS PARK, BENGALURU-560 103. REPRESENTED HEREIN BY ITS DIRECTOR AND DULY AUTHORISED SIGNATORY, MR. SUNIL VARGIS MATHEW. …PETITIONER (BY SRI. DEVARAJ.K.S., ADVOCATE) AND: 1. KARNATAKA MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL, DIRECTORATE OF MICRO, SMALL AND MEDIUM ENTERPRISES, 49, KHANIJA BHAVAN, SOUTH BLOCK, GROUND FLOOR, RACE COURSE ROAD, BENGALURU-560 001. REPRESENTED BY ITS CHAIRMAN. 2. ARBITRATION AND CONCILIATION CENTRE, BENGALURU, (DOMESTIC AND INTERNATIONAL) 'KHANIJA BHAVAN', 49, 3rd FLOOR, EAST WING, RACE COURSE ROAD, Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:45686-DB WP No. 17534 of 2022 BENGALURU-560 001. REPRESENTED BY ITS DIRECTOR, EMAIL: arbkarblr@gmail com 3. PAL MOHAN ELECTRONICS PVT. LTD., HAVING ITS OFFICE AT: MOHAN PLAZA, 40-DLF, BLOCK-GP, SECTOR V, SALT LAKE INDUSTRIAL AREA, KIRTHI NAGAR, NEW DELHI-110 015. REPRESENTED BY ITS MANAGING DIRECTOR. EMAIL: md@palmohan.com; gagan@palmohan.com …RESPONDENTS (R1 TO R3 SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR SUCH OTHER APPROPRIATE WRIT/ORDER/DIRECTION DECLARING THAT THE PROVISIONS OF SECTION 18(5) OF THE MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006, WHICH STATES THAT EVERY REFERENCE UNDER SECTION 18 OUGHT TO BE DECIDED WITHIN A PERIOD OF 90 DAYS FROM THE DATE OF MAKING SUCH REFERENCE, IS ONLY APPLICABLE TO CONCILIATION PROCEEDINGS UNDER SECTION 18(2) OF THE MSMED ACT AND DOES NOT APPLY TO ARBITRAL PROCEEDINGS UNDER SECTION 18(3), AND IN ANY EVENT, THAT SECTION 18(3) IS MERELY DIRECTORY AND NOT MANDATORY IN NATURE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2025:KHC:45686-DB WP No. 17534 of 2022 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) On request of the counsel for the petitioner, we adjourned the case on 31.10.2015 to be listed today with the rider that the counsel for the petitioner will not seek any further adjournment in the matter. Despite the matter having been adjourned with the said rider, today the learned Counsel for the petitioner is not present. The writ petition was filed way back in the year 2022, challenging the order passed by the Arbitrator in the Arbitration Case No.87/2019. Even otherwise, on merits, such a writ petition challenging the award passed by the Arbitrator in the arbitration proceedings is not maintainable. 2. The writ petition is accordingly dismissed. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 28