- 1 - HC-KAR NC: 2025:KHC:47130 WP No. 20686 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 20686 OF 2025 (GM-RES) BETWEEN: SKILLO VILLA TECHNOLOGIES PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT: A38, KUWE KE PASS DATA NAGAR, AJMER, RAJASTHAN - 305 001. HAVING ITS CORPORATE OFFICE AT: NO. 175 176, BANNERGHATTA MAIN ROAD, DOLLARS COLONY, PHASE 4, J P NAGAR, BANNERGHATTA ROAD, BENGALURU SOUTH, BENGALURU KARNATAKA - 560 076. ALSO AT: 3RD FLOOR, DATTA PRABHAS, 1ST MAIN ROAD, SARAKKI INDUSTRIAL LAYOUT, 3RD PHASE, J P NAGAR, BENGALURU - 560078. REPRESENTED BY ITS DIRECTOR, MR DEEPAK KHAROL. …PETITIONER (BY SRI. ARJUN RAO, ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF LAW AND JUSTICE, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47130 WP No. 20686 of 2025 4TH FLOOR, A WING, SHASTRI BHAWAN, NEW DELHI - 110 001. 2. M/S KISETSU SAISON FINANCE (INDIA) PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT: LEXINGTON TOWERS, TAVAREKERE MAIN ROAD, TAVAREKERE, S G PALYA, BENGALURU, KARNATAKA - 560 029. 3. ERDAC SOLUTIONS PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT: 2ND FLOOR, SHANMUGA ARCADE, 39/1, NGEF LN, BINNAMANGALA HOYSALA NAGAR, INDIRANAGAR BENGALURU - 560038. EMAIL: reachus@thecadre.in REPRESENTED BY ITS AUTHORIZED SIGNATORY. 4. MR SAMUEL SEKAR, AGED MAJOR, C/O ERDAC SOLUTIONS PVT LTD, HAVING ITS REGISTERED OFFICE AT: 2ND FLOOR, SHANMUGA ARCADE, 39/1, NGEF LN, BINNAMANGALA, HOYSALA NAGAR, INDIRANAGAR, BENGALURU - 560 038. 5. HDFC BANK LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS BRANCH OFFICE AT: LOWER GROUND FLOOR, PRITECH PARK, FOOD COURT ECOSPACE, INSIDE RMZ, OUTER RING ROAD, BELLANDUR, BENGALURU - 560 103. - 3 - HC-KAR NC: 2025:KHC:47130 WP No. 20686 of 2025 REPRESENTED BY BRANCH MANAGER. …RESPONDENTS (BY SRI. FRANCIS XAVEIR, ADVOCATE FOR R5; CGSC FOR R1; SRI. JAI. M. PATEL, ADVOCATE FOR R2; SRI. MAHABALESHWARA J.C., ADVOCATE FOR R3; V/O. DATED 28.08.2025, NOTICE TO R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER DATED 12.06.2025 PASSED BY RESPONDENT NO.4 CLAIMING TO BE AN ARBITRATOR UNDER AN ALLEGED TRIBUNAL CONSTITUTED THROUGH THE RESPONDENT NO.3 PLATFORM IN THE PURPORTED PROCEEDING BEARING NO.CSI/1287/2025 (ANNEXURE-B) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B- GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER The present writ petition is filed seeking the following reliefs: "WHEREFORE, the petitioner respectfully prays that this Hon'ble Court be pleased to: a) Quash and Set Aside the Order dated 12.06.2025 passed by Respondent No.4 claiming to be an arbitrator under an alleged tribunal constituted through the Respondent No.3 platform in the - 4 - HC-KAR NC: 2025:KHC:47130 WP No. 20686 of 2025 purported proceeding bearing No.CSI 2025 (Annexure-B); b) Quash and Set Aside Notice dated 18.06.2025 issued by the Respondent No.5 bank to the Petitioner attching the Bank Account bearing No.50200049680174 maintained by the Petitioner at Pritech Park Branch of the Respondent No.5 Bank (Annexure C); c) Declare the purported arbitral proceedings bearing No.CSI 2025 unilaterally initiated by the Respondent No.2 through Respondent No.3 platform called 'CADRE' is illegal, void and non est; d) Declare the purported arbitral proceedings bearing No.CSI 2025 unilaterally initiated by the Respondent No.2 through Respondent No.3 platform called 'CADRE' is not a valid arbitration under the Arbitration and Conciliation Act, 1996; e) Quash and Set Aside any further orders that may be passed by Respondent No.4 claiming to be an arbitrator under an alleged tribunal constituted through the Respondent No.3 platform in the purported proceeding bearing No.CSI 2025 Annexure-B; f) Restrain the Respondent No.3 and 4 from passing any order qua the Petitioner under any proceeding; g) Restrain the Respondent No.3 from conducting any arbitral proceeding without prior consent from the parties or an Order passed by Hon'ble High Courts; - 5 - HC-KAR NC: 2025:KHC:47130 WP No. 20686 of 2025 h) Restrain the Respondent No.3 from passing any orders or directing in any arbitral proceeding without prior consent from the parties or an Order passed by Hon'ble High Courts; i) Direct respondent No.1 to conduct an enquiry into the affairs of Respondent No.3; j) Direct Respondent No.1 to take appropriate steps to regulate the operation of Online Dispute Resolution Platforms; k) Frame guidelines for appointment of arbitrators in the context of Online Dispute Resolution; and l) Issue any other such appropriate order or directions as this Hon'ble Court deems fit in the interests of justice and equity. 2. Heard the learned counsels appearing for the parties. With the consent of the parties, the writ petition is disposed of on following terms: (a) The order dated 12.06.2025 wherein all the proceedings undertaken by Sri Samuel Sekar, the alleged arbitrator appointed by respondent No.3-Erdac Solutions Pvt. Ltd. are set aside. - 6 - HC-KAR NC: 2025:KHC:47130 WP No. 20686 of 2025 (b) Sri.P.Krishna Bhat, Former Judge, High Court of Karnataka is appointed as a sole arbitrator to enter into reference and adjudicate the claim/counter claim emerging out of the Facility Agreement dated 06.04.2024 entered between SkilloVilla Technologies Private Limited and M/s.Kisetsu Saison Finance (India) Private Limited. (c) The arbitration proceedings are to be conducted at the Arbitration and Conciliation Centre, Bengaluru as per rules of said Arbitration Centre. (d) The fee and expenses to the arbitrator and centre shall be deposited as per the rules of the Arbitration Centre. (e) Let the copy of this order be communicated to Sri P.Krishna Bhat, Former Judge, High Court of Karnataka and Arbitration Centre. Sd/- (D K SINGH) JUDGE NS CT:TSM, List No.: 38 Sl No.: 37