- 1 - HC-KAR NC: 2025:KHC:52913 CMP No. 327 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 327 OF 2025 BETWEEN: CATERPILLAR FINANCIAL SERVICES INDIA PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UDNER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT GROUND FLOOR, PRESTIGE SHANTINIKETAN, CRESCENT 1, WHITEFIELD ROAD HOODI, WHITE FIELD, BENGALURU URBAN KARNATAKA - 560 048. …PETITIONER (BY SRI. SHIVARAMA BHAT O., ADVOCATE FOR SRI. RANGANATH R., ADVOCATE) AND: 1. SRI RAJARAJESWARI EARTHMOVERS (PROP. GOLLA GOPALAKRISHANA) 4-331, NANDIKOTKUR, DAMAGATLA, NANDYAL, ANDHRA PRADESH - 518 432. 2. S SRI KUMAR 11-545, OBULADEVA NAGAR, ANANTAPUR, ANDHRA PRADESH - 515 001. …RESPONDENTS (R1 - R2 SERVED) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52913 CMP No. 327 of 2025 THIS CMP IS FILED UNDER SECTION 11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTES AND DIFFERENCES AMONGST THE PARTIES IN TERMS OF CLAUSE 21 OF THE LOAN AND SECURITY AGREEMENT BEARING NO. 80870003547 DATED 27.01.2023 ANNEXURE B EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS. THIS PETITION, COMING ON FOR ORDERS, 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: "i. Appoint a sole arbitrator to resolve the disputes and differences amongst the parties in terms of Clause 21 of the Loan & Security Agreement bearing No.80870003547 Annexure-B dated 27.01.2023 executed between the petitioner and the respondents. ii. Grant such other order/s that this Hon'ble Court may deem fit on the facts and in the circumstances of the case, in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:52913 CMP No. 327 of 2025 2. The learned counsel appearing for the petitioner has filed a memo dated 02.12.2025, which reads as under: "The undersigned counsel for the petitioner humbly submits that there has been a typographical error in the notice sent to the Respondents under Section 21 of the Arbitration and Conciliation Act, 1996 for Invocation of Arbitration Clause. Thus, it is just & necessary to withdraw the present petition with a liberty to file fresh petition in the interest of Justice and Equity." 3. Reserving liberty to the petitioner to issue a fresh notice under Section 21 of the Arbitration and Conciliation Act, 1996 and approach this Court if so required, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE JY List No.: 1 Sl No.: 197