- 1 - HC-KAR NC: 2025:KHC:45993 CMP No. 420 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 420 OF 2025 BETWEEN: M/S STELLAPPS TECHNOLOGIES PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 46/4, NOVEL TECH PARK, NEAR KUDLU GATE, GARVEBHAI PALYA, HOSUR ROAD, KARNATAKA INDIA-560 068 REPRESENTED AUTHORIZED SIGNATORY MR. S. VENKATA RAMANA CIN NO. U72900KA2011PTC058251 …PETITIONER (BY SRI. KESHAV M DATAR, ADVOCATE) AND: M/S SD MILK PRO PVT LTD REGISTERED OFFICE AT GATE NO. 615, BHUM-AHMEDNAGAR ROAD, SH-57, A/P-ULUP, TAL-BHUM, OSMANABAD DISTRICT, OSMANABAD, MAHARASHTRA - 413 504 REPRESENTED BY ITS DIRECTOR MR. SACHIN DESHMUKH CIN NO. U15137MH2015PTC264227 ALSO AT BPS ANANDA BUILDING, FLAT NO-603, PURSHOTTAM KHERA MARG, BESIDE KALIDAS NATYA MANDIR, MULUND (W), MUMBAI - 400 080 …RESPONDENT (BY SRI. SIVARAMAKRISHNAN M SIVSANKARAN, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45993 CMP No. 420 of 2025 THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT ACCORDINGLY TO ANNEXURE-1, CLAUSE ‘O’ OF THE RESPECTIVE EQUIPMENT(S) LEASE AGREEMENT VIDE PURCHASE ORDER DATED 31.12.2019 AND PURCHASE ORDER DATED 04.03.2020 ALONG WITH THE EQUIPMENT(S) LEASE AGREEMENT SEEKING TO LEASE THE SMART AMCU TM PRODUCED AS ANNEXURE B AND D RESPECTIVELY. THIS CMP, 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 to adjudicate the dispute between the Petitioner and the Respondent accordingly to Annexure-1, clause ‘O’ of the respective Equipment(s) Lease Agreement vide Purchase Order dated 31.12.2019 and Purchase Order dated 04.03.2020 along with the Equipment(s) Lease Agreement seeking to Lease the Smart AMCU TM produced as Annexure B and D respectively. 2. After arguing for some time, learned counsel for respondent submits that initially the dispute may be referred to mediation to try and explore the possibility of arriving at an amicable resolution and in - 3 - HC-KAR NC: 2025:KHC:45993 CMP No. 420 of 2025 the event of amicable resolution not possible, an Arbitrator could be appointed. 3. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. The parties are directed to appear before the Director, Karnataka Mediation Centre on 19.11.2025 at 02.30 p.m. iii) All contentions are kept open. iv) In the event of mediation being successful, the successful mediation report to be placed before this Court. v) In the event of mediation not being successful, the Director, Mediation Centre, is directed to forward the copy of the file to the Director, Arbitration and Conciliation Centre. vi) Sri.A.V.Vaidya, a Senior Civil Judge of the District Judiciary is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 93