- 1 - HC-KAR NC: 2025:KHC:43856 CMP No. 596 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 596 OF 2024 BETWEEN: SCANIA COMMERCIAL VEHICLES INDIA PRIVATE LIMITED, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. PRASAD R. BANDEKAR (CIN NO.. U35999KA2011FTC056984) HAVING ITS REGISTERED OFFICE AT PLOT NO. 64-66, 88-97, NARASAPURA KIADB INDUSTRIAL AREA, ACHHATANAHALLI VILLAGE, NARASAPURA HOBLI, KOLAR, KARNATAKA - 563 133. …PETITIONER (BY SMT. HITHAISHI MURTHY, ADVOCATE AND SRI. PRASANTH V.G, ADVOCATE) AND: M/S. NEW MORNING STAR TRAVELS HAVING ITS OFFICE AT PLOT NO. 223, 224, 225, PHASE-3, INDIRA AUTO NAGAR, GUNTUR - 522 001, ANDHRA PRADESH, REP. BY ITS DIRECTOR. …RESPONDENT (RESPONDENT - SERVED) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43856 CMP No. 596 of 2024 THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO a) APPOINT ADVOCATE SRINANDAN KARTIKEYAN AS THE SOLE ARBITRATOR TO ADJUDICATE AND DECIDE THE DISPUTES AND DIFFERENCES BETWEEN THE PETITIONER AND THE RESPONDENT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "Wherefore, the petitioner pray that this Hon'ble Court may be pleased to: a) Appoint advocate Srinandan Kartikeyan as the sole arbitrator to adjudicate and decide the disputes and differences between the petitioner and the respondent; b) Alternatively, appoint and constitute the arbitral tribunal in accordance with the Three repair and Maintenance Contract dated 14.06.3028 and 03.05.2019 vide Annexure-A1 and A2 at Clause 9 of the agreement. c) Grant costs of this petition to the petitioner; and/ or d) Grant such other and further reliefs as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:43856 CMP No. 596 of 2024 2. The petitioner and the respondent had entered into a Repair and Maintenance Contract on 14.06.2018, which came to be extended on 03.05.2019. The said agreement is governed by arbitration Clause 9, which is reproduced hereunder for easy reference: "9. Dispute Resolution: All disputes by the parties will be referred to the Arbitration. The Arbitration shall be conducted by a single Arbitrator, mutually appointed by the parties. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the venue of the arbitration shall be Bangalore, Karnataka. The Arbitration shall be conducted as per the rules of Indian Council of Arbitration." 3. There being a dispute between the parties, the petitioner invoked the arbitration clause and issued a notice on 30.04.2024, nominating its arbitrator. The said notice though served on the respondent on 02.05.2024, there is no concurrence with the appointment of an arbitrator. As such, the petitioner approached this Court, notice has been issued and served. Respondent No.1 has chosen to be unrepresented. - 4 - HC-KAR NC: 2025:KHC:43856 CMP No. 596 of 2024 4. Heard the learned counsel for the petitioner and perused the papers. 5. It is clear that there are agreements for Repair and Maintenance Contract entered into between the petitioner and respondent, which is governed by the arbitration clause extracted herein above. 6. Thus any dispute between the parties would have to be required to be adjudicated by the mode of arbitration. 7. The notice having been properly issued in compliance with Section 21 of the Arbitration and Conciliation Act, 1996. Respondent not having concurred with the same, this Court passes the following: ORDER i) CMP is allowed. ii) Shri.Justice B.A.Patil, a Former Judge of this Court is appointed as a sole arbitrator to arbitrate the dispute between the parties under - 5 - HC-KAR NC: 2025:KHC:43856 CMP No. 596 of 2024 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 and Conciliation Centre for doing the needful. iv) Since the order is passed in the presence of the counsel for the petitioner, the petitioner shall appear before the Director, Arbitration and Conciliation Centre, Bengaluru without requirement of any further notice at 02.30 p.m. on 12.11.2025. SD/- (SURAJ GOVINDARAJ) JUDGE rv CT:BHK, Sl.No.: 52