- 1 - HC-KAR NC: 2025:KHC:43858 CMP No. 290 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. 290 OF 2024 BETWEEN: BALL BEVERAGE PACKAGING (INDIA) PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013, WITH THE COMPANY IDENTIFICATION NUMBER U28129DL2006PTC150218 HAVING ITS REGISTERED OFFICE AT B 302, 3RD FLOOR, 13 WING, BRIGADE MAGNUM, AMRUTHAHALLI, NH-7, INTERNATIONAL AIRPORT ROAD BENGALURU - 560 092 REPRESENTED BY ITS INDIA FINANCE MANAGER, MR. GURMIT SINGH, S/O. SHREE GURDEV SINGH PADDA AGED 45 YEARS. …PETITIONER (BY SRI. MAHENDRA GOWDA C.R, ADVOCATE) AND: M/S. AMARA BREWERIES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013, WITH COMPANY IDENTIFICATION NUMBER U74999CH2018PTC042117 HAVING ITS REGISTERED OFFICE AT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43858 CMP No. 290 of 2024 SCO 62, SECTOR - 40C, CHANDIGARH - 160 036. …RESPONDENT (RESPONDENT SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11 6 OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING I. TO EXERCISE ITS JURISDICTION AND POWER UNDER SECTION 11 (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 TO APPOINT MS. POORNIMA HATTI, ADVOCATE OR ANY OTHER SUITABLE PERSON AS THE SOLE ARBITRATOR AS THIS HONBLE COURT DEEMS FIT, WITH A DIRECTION TO THE ARBITRATOR SO APPOINTED TO ARBITRATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT ARISING OUT OF THE AGREEMENT DATED 16.01.2024 (ANNEXURE-C TO THIS PETITION). THIS PETITION, 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:- "WHEREFORE, it is most respectively prayed that his Hon'ble Court be pleased to: i. To exercise its jurisdiction and power under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint Ms.Poornima Hatti, Advocate or any other suitable person as the Sole Arbitrator - 3 - HC-KAR NC: 2025:KHC:43858 CMP No. 290 of 2024 as this Hon'ble Court deems fit, with a direction to the Arbitrator so appointed to arbitrate the dispute between the petitioner and respondent arising out of the agreement dated 30.01.2023 Annexure-C to this petition at paragraph No.10 of the said agreement. ii. Pass any other order which this Hon'ble Court may deem fit in the circumstances of the case in the interests of justice and equity." 2. The petitioner and the respondent had entered into a Sales Agreement for Cans and Ends and on 16.01.2023, which is governed by an arbitration clause in terms of Clause No.10, which is reproduced hereunder for easy reference. "10. Dispute Resolution: Any claims, disputes or differences arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration by a sole arbitrator to be mutually appointed by both parties, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted as per the provisions of in Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. The seat and venue of arbitration will be Bengaluru, India. The decision of t the arbitrator will be final and binding upon the parties hereto, and judgment thereon may be entered in the courts of Bengaluru, India having jurisdiction over the subject matter or the relevant party hereto or application may be made to such Court for judicial acceptance of - 4 - HC-KAR NC: 2025:KHC:43858 CMP No. 290 of 2024 the award and/or an order of enforcement, as the case may be." 3. There being a certain dispute between the parties, the petitioner had issued several notices. Though replied to by the respondent, no compliance was made with the demand made by the petitioner. Hence, the petitioner invoked the arbitration clause vide his rejoinder dated 19.12.2023 and nominated his arbitrator. 4. Though the said notice has been served and the rejoinder has also been forwarded by email to the respondent, the respondent did not either concur with the nomination made or appoint its own arbitrator. 5. It is in that background that the petitioner had approached this Court, noticing an issue with the respondent, the respondent has chosen not to be represented. 6. Heard the learned counsel for the petitioner. - 5 - HC-KAR NC: 2025:KHC:43858 CMP No. 290 of 2024 7. The perusal of the document indicates that there is an agreement entered into between the petitioner and respondent, which is governed by an arbitration clause and all the disputes are required to be adjudicated by way of arbitration. 8. The petitioner having rightly invoked the arbitration clause and issued a notice nominating its arbitrator. The requirements of Section 21 of the Arbitration and Conciliation Act, 1996, have been complied with. 9. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Sri.K.M.Thammaiah, Former Judge of the District Judiciary of Karnataka is appointed as sole arbitrator to arbitrate the dispute between the parties. - 6 - HC-KAR NC: 2025:KHC:43858 CMP No. 290 of 2024 (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 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 List No.: 1 Sl No.: 41