- 1 - HC-KAR NC: 2025:KHC:46774 CMP No. 435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 435 OF 2025 BETWEEN: ASPENPARK INFRASTRUCTURE LLP A LIMITED LIABILITY PARTNERSHIP INCORPORATED UNDER THE LAWS OF INDIA, HAVING ITS REGISTERED OFFICE AT GODREJ MILLENIUM, 5TH FLOOR, 9, KOREGAON PARK ROAD, PUNE, 411 001, HEREIN REPRESENTED THROUGH IT AUTHORIZED SIGNATORY MR.CHANDRASHEKAR KUNDER. …PETITIONER (BY SRI. NIKHILESH RAO M, ADVOCATE) AND: BREMELS RUBBER INDUSTRIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 16-D, GROUND FLOOR, KIADB COMPLEX, SRS ROAD, OPPOSITE 1ST MAIN, PEENYA INDUSTRIAL AREA, BANGALORE - 560 058, AND HAVING ITS OFFICE AT PLOT NO. 128 AND 129, 8TH MAIN ROAD, 3RD PHASE, PEENYA INDUSTRIAL AREA, BANGALORE-560 058. …RESPONDENT (BY SRI.MADHUKAR DESHPANDE, ADVOCATE) THIS CMP IS FILED U/S. 11(6) OF ARBITRATION AND CONCILIATION ACT PRAYING TO ALLOW THE PETITION AND APPOINT THE NOMINATED ARBITRATOR MR. VISHVESHWARA BHAT UNDER THE NOTICE DATED 13 NOVEMBER 2024 AS A SOLE ARBITRATOR TO ADJUDICATE DISPUTES BETWEEN THE PARTIES AS PER CLAUSE 11 OF THE LEASE AGREEMENT DATED 18.09.2013 (AT *Page No. 1 to 3 are retyped and replaced and Page No.4 is inserted vide Court order dated 12.12.2025 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46774 CMP No. 435 of 2025 ANNEXURE A) AND CLAUSE 10 OF THE FACILITY MAINTENANCE AGREEMENT DATED 18.09.2013 (AT ANNEXURE B) AND ETC,. 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. To appoint an Arbitrator as per the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 and refer the dispute between the parties to the arbitrator to settle the same as per the terms of the said registered construction agreement deed dated 15.01.2019 Annexure-A in the best interest of justice and equity. 2. The respondent had been admitted into Corporate Insolvency Resolution Process (CIRP) in C.P.(IB) No.93/BB/2024, a moratorium has been imposed and in that regard, a memo has been filed by the counsel for the petitioner which reads as follows: “Memo filed on behalf of the Petitioner On behalf of the Petitioner, it is respectfully submitted as follows: 1. In light of the Respondent herein having been admitted into Corporate Insolvency Resolution Process (CIRP) pursuant to the Respondent's voluntary liquidation petition in C.P. (I.B.) No. 93/BB/2024, a moratorium has - 3 - HC-KAR NC: 2025:KHC:46774 CMP No. 435 of 2025 been imposed in respect of the Respondent. 2. Since the Petitioner's claim against the Respondent pertains to recovery of monies as well as possession of land (in respect of which the present Petition has been filed seeking appointment of arbitrator), it is humbly prayed that this Petition be kept in abeyance until the completion of the CIRP/ moratorium, with liberty to revive the Petition. WHEREFORE, this memo may be taken on record in the interests of justice and equity.” 3. On enquiry with the learned counsel for the petitioner as to what the claims of the petitioner with the respondent are, he submitted that the first claim is as regards the arrears of rentals and the second claim is as regards recovery of possession. Even if that were so, it would be for the Resolution Professional to consider the claim of petitioner and act on it and pass necessary orders. The Resolution Professional would also be required to hand over possession if so mandated inasmuch as if the possession continues with the company, admitted to resolution process, there would be unnecessary requirement of the company to continue to make - 4 - HC-KAR NC: 2025:KHC:46774 CMP No. 435 of 2025 payment of rentals during the period that he continues in such possession. 4. In view thereof, with the above observation, the petition is disposed reserving liberty to the petitioner to approach the Resolution Process. In the event of the Resolution Process coming to an end, with the moratorium being lifted and the claims of the petitioner not being addressed, liberty is reserved to the petitioner to approach this Court. 5. Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 58