- 1 - HC-KAR NC: 2025:KHC:53231 CMP No. 642 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. 642 OF 2025 BETWEEN: JINDAL ALUMINIUM LIMITED SP-2/333, RIICO INDUSTRIAL AREA, BHIWADI, RAJASTHAN - 301019 HAVING REGISTERED OFFICE ALSO AT JINDAL NAGAR, TUMKUR ROAD, BENGALURU - 560073 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. NAVEEN PATH …PETITIONER (BY SRI. GEORGE JOSEPH, ADVOCATE) AND: AFM HYDRAULICS VILLAGE JALLALPUR POST KHORIPAKAR, JALLALPUR, BALLIA, UTTAR PRADESH - 277001. …RESPONDENT (RESPONDENT SERVED) THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SUITABLE SOLE ARBITRATOR FOR ADJUDICATION OF THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT ARISING FROM THE PURCHASE ORDER / AGREEMENT DATED 01.07.2022 AND 18.07.2022 (ANNEXURE A AND A1) IN TERMS OF CLAUSE 18. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53231 CMP No. 642 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Appoint a suitable sole arbitrator for adjudication of the disputes between the petitioner and the respondent arising from the purchase order / agreement dated 01.07.2022 and 18.07.2022 (Annexure A and A1) in terms of clause 18. b. Pass any other order/s as may be deemed necessary in the facts and circumstances of the matter. 2. The petitioner had placed an order on the respondent for supply of certain Axial Piston Pump, the said purchase order is governed by arbitration Clause in terms of Clause 18 thereof, which is reproduced hereunder for easy reference; 18) All disputes arising out of this Purchase Order are subject to conciliation at the highest level of both parties. a. Failing which matter is to be referred to Arbitration as per Conciliation Act of 1996 and its subsequent amendments and place of Arbitration will be Bengaluru. 3. Alleging that the supplied pumps were defective, the petitioner had issued a notice on 25.08.2025 and - 3 - HC-KAR NC: 2025:KHC:53231 CMP No. 642 of 2025 invoked the arbitration Clause and nominating its arbitrator. 4. The said notice has been served on the respondent, in the meanwhile there are certain correspondence by way of email between the petitioner and respondent, however no resolution of the dispute occurred. In that view of the matter, the petitioner had approached this Court seeking for the aforesaid reliefs. 5. Notice having been issued to the respondent, respondent though served has chosen to be unrepresented. 6. A perusal of the purchase order indicates that the purchase order is governed by arbitration Clause, the petitioner has validly invoked the arbitration Clause and nominated its arbitrator, complying with the requirements of both Section 21 and Section 11 of the Arbitration and Conciliation Act, 1996. 7. In that view of the matter, I pass the following; - 4 - HC-KAR NC: 2025:KHC:53231 CMP No. 642 of 2025 ORDER i. CMP is allowed. ii. Shri Sudhakar Pandith, a former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 12.01.2026. v. All contentions are kept open. vi. Original and/or certified copies if produced are directed to be returned to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 86