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2025 DAILYLAW 89390 (KAR)

3M INDIA LIMITED v. M/S PROMISE DENTAL

CMP/74/2025 · 2025-10-31

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43887 CMP No. 74 of 2025 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. 74 OF 2025 BETWEEN: 3M INDIA LIMITED HAVING ITS REGISTERED OFFICE AT 5TH FLOOR, MARKSQUARE 61 ST MARKS ROAD BANGALORE - 560001 FORMERLY SITUATED AT WEWORK, PRESTIGE CENTRAL, 3RD FLOOR, 36 INFANTRY ROAD, BENGALURU - 560001 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. PRAMEET HARSH …PETITIONER (BY SRI. ARKAPRAVA GUHANIYOGI., ADVOCATE FOR SRI. SHUJATH AHMED., ADVOCATE) AND: M/S PROMISE DENTAL 1/212/3052 PRESENT OFFICE AT TAGORE NAGAR NO.1, NEAR RAKESH CYCLE MART, BESIDE SANGLI BANK, VIKHROLI EAST (E) MUMBAI - 400 083 REPRESENTED BY MR. SHADAB SYED ALI EMAIL ID. promisedentalsystem1@gmail.com …RESPONDENT (BY SRI. DECLYN GOMES., ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43887 CMP No. 74 of 2025 THIS CMP IS FILED UNDER SECTIONS 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR IN ACCORDANCE WITH THE PROVISION OF THE ARBITRATION AND CONCILIATION ACT, 1996 TO ADJUDICATE UPON THE DISPUTES/ DIFFERENCES BETWEEN THE PETITIONER AND THE RESPONDENT UNDER THE AUTHORIZED DISTRIBUTION AGREEMENT DATED JUNE 28, 2016, NAMELY CLAUSE 15(g) ANNEXURE B AND ETC. 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 a sole arbitrator, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 to adjudicate upon the disputes/differences between the Petitioner and the Respondent under the Authorized Distribution Agreement dated June 28, 2016; namely Clause 15(g). Annexure. B; b. Direct the Respondent to pay the costs of these proceedings; and c. To pass such other or further order(s) as this Hon'ble Court may deem fit in the circumstances of the case and thus render justice. 2. After arguing for sometime, both counsel submit that a suitable retired Civil Judge could be appointed as a sole arbitrator to arbitrate the dispute between the parties by - 3 - HC-KAR NC: 2025:KHC:43887 CMP No. 74 of 2025 keeping all questions open in terms of the Arbitration and Conciliation Act. It is further submitted that the arbitration to be conducted in terms of procedure prescribed under the Arbitration and Conciliation Act, 1996. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Sri.S.S.Sarangamath, former 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. 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 all the counsel, they shall appear before the Director, Arbitration and Conciliation Centre - 4 - HC-KAR NC: 2025:KHC:43887 CMP No. 74 of 2025 without requirement of any notice on 12.11.2025 at 2.30 p.m. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 64