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2025 DAILYLAW 87416 (KAR)

M/S. TATA COMMUNICATIONS LIMITED v. M/S. ITI LIMITED

CMP/110/2025 · 2025-08-20

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32335 CMP No. 110 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.110 OF 2025 BETWEEN: 1. M/S. TATA COMMUNICATIONS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT VBS MAHATMA GANDHI ROAD, FORT MUMBAI - 400 001 REPRESENTED BY ITS AUTHORIZED SPECIAL POWER OF ATTORNEY HOLDER SHREYA MATHUR, AGED ABOUT 31 YEARS, DAUGHTER OF AMIT MATHUR HAVING HER OFFICE AT VBS MAHATMA GANDHI ROAD FOR MUMBAI-400001. …PETITIONER (BY SRI. KASHYAP N. NAIK, ADVOCATE) AND: 1. M/S. ITI LIMITED A GOVERNMENT OF INDIA UNDERTAKING, INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT ITI BHAVAN, DOORAVANINAGAR, BENGALURU - 560016 Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32335 CMP No. 110 of 2025 REPRESENTED BY ITS ADDITIONAL GM (DC), LATHA T. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CMP IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT., PRAYING TO APPOINT HON'BLE (RETD)., JUSTICE KESHAVANARAYANA OR ANY OTHER PERSON THAT THIS HON'BLE COURT MAY DEEM FIT AS THE SOLE ARBITRATOR TO ADJUDICATE THE PRESENT DISPUTE BETWEEN THE PARTIES, WHICH HAS ARISEN OUT OF AND IN THE CONTEST OF THE AGREEMENT DATED 16.06.2022 (ANNEXURE A ) IN CLAUSE 1.37.3. HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the petitioner. 2. Respondent is served and has remained absent. 3. Having taken note of the submissions made by the learned counsel appearing for the petitioner with regard to Clause 1.37.3 of the Master Service Agreement (MSA) dated - 3 - HC-KAR NC: 2025:KHC:32335 CMP No. 110 of 2025 16.06.2022 between the petitioner and the respondent is concerned, I am of the view that, the resolution of dispute has to be made only by way of Arbitration. Accordingly, taking into consideration the notice dated 08.04.2024 (Annexure-D), former Judge of this Court Sri. K.N. Keshavanarayana, is hereby appointed as sole Arbitrator to resolve the dispute between the parties. 4. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Sri. K.N. Keshavanarayana, former Judge of this Court, forthwith. 5. Accordingly, this Civil Miscellaneous Petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 22