- 1 - HC-KAR NC: 2026:KHC:15753 CMP No. 455 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO. 455 OF 2024 BETWEEN: M/S. MYC INFRA PRIVATE LIMITED (A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013) REPRESENTED BY ITS DIRECTOR, MR. MANOJ YADAV, HAVING HEAD OFFICE AT HA-79, SECTOR-104 NOIDA, UTTAR PRADESH - 201 304. …PETITIONER (BY SRI. HANJER RAGHAVENDRA BASAVARAJ, ADVOCATE) AND: M/S. ZETWERK MANUFACTURING BUSINESSES PRIVATE LIMITED, REPRESENTED BY ITS DIRECTORS, HAVING REGISTERED OFFICE AT 461, ORIENTAL TOWERS, 17TH CROSS, 4TH SECTOR, 1ST FLOOR, HSR LAYOUT, BANGALORE, KARNATAKA - 560 102. …RESPONDENT (BY SMT. RIDHIMA T., ADVOCATE FOR SRI. UTTARA VELLAPALLY, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6)(A) OF THE ARBITRATION AND CONCILIATION Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15753 CMP No. 455 of 2024 ACT, 1996 PRAYING THAT THIS HON'BLE COURT BE PLEASED TO PASS AN ORDER FOR APPOINTMENT OF A NEUTRAL AND IMPARTIAL PERSON AS NOMINEE ARBITRATOR ON BEHALF OF THE RESPONDENT, SO THAT THE TWO NOMINEE ARBITRATORS I.E., THE NOMINEE ARBITRATOR ALREADY APPOINTED BY THE PETITIONER AND THE NOMINEE ARBITRATOR TO BE APPOINTED ON BEHALF OF THE RESPONDENT CAN JOINTLY PROCEED AND TAKE FURTHER STEPS TO CONSTITUTE AN ARBITRAL TRIBUNAL AS PER CLAUSE 13 OF THE AGREEMENT DATED 09.02.2022 (ANNEXURE-C) FOR ADJUDICATION OF THE DISPUTES AND/OR DIFFERENCES BETWEEN THE PARTIES. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this Writ Petition, the petitioner is seeking appointment of an Arbitrator as per Clause-13 of the Master Level Agreement dated 09.02.2022 produced at Annexure-C to the petition. 3. Learned counsel appearing for the petitioner invited the attention of the Court to the Legal Notice dated - 3 - HC-KAR NC: 2026:KHC:15753 CMP No. 455 of 2024 23.04.2024 (Annexure-L) calling upon the respondent herein for appointment of the Arbitrator is concerned as per Clause-13 of the aforementioned agreement. 4. In this regard, learned counsel appearing for the respondent invited the attention of the Court to Clause-13 of the agreement and submitted that, before seeking appointment of an Arbitrator, the petitioner has to exhaust the remedy by issuing notice to the respondent herein for amicable settlement in the matter and in the event the same is failed, thereafter the petitioner can seek for appointment of the arbitrator. 5. In the light of the submissions made by the learned counsels appearing for the parties and on careful consideration of Clause-13 of the Master Level Agreement dated 09.02.2022 at Annexure-C, it is clear that in event of any dispute or difference arising between the parties, in effect of the agreement referred to above, the party aggrieved must make an endeavour for settlement between the parties with a discussion and thereafter in the - 4 - HC-KAR NC: 2026:KHC:15753 CMP No. 455 of 2024 event, the same fails, such party can seek for appointment of an Arbitrator. Therefore, I am of the opinion that the petition is premature. However, it is open for the petitioner to issue notice to the respondent seeking recovery settlement with regards to the dispute. 6. Accordingly, the Civil Miscellaneous Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 30