- 1 - HC-KAR NC: 2026:KHC:18083 CMP No. 149 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.149 OF 2025 BETWEEN: CATERPILLAR FINANCIAL SERVICES INDIA PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT: PRESENTLY AT: GROUND FLOOR, PRESTIGE SHANTINIKETAN, CRESCENT 1, WHITEFIELD ROAD HOODI, WHITEFIELD, BENGALURU, BENGALURU URBAN, KARNATAKA - 560 048. REP. BY AUTHORIZED VISHWAROOP NANJACHAR …PETITIONER (BY SRI. THAKUR RISHABHA RAJ, ADVOCATE) AND: 1. VEERA POGU CHINNA SAVARAI H.NO.3-15, UNINDAKONDA, KURNOOL KURNOOL, ANDHRA PRADESH - 518 218 CONTACT: 7287006680 Email: chinnasavaravi5590@gmail.com Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18083 CMP No. 149 of 2025 2. GIRIPOGU CHINNA MOULALI NO. 1-10, S.C. COLONY KODUMURU, PALAKURTHY, KURNOO, ANDHRA PRADESH- 518 464. 3. GANTEPOGU RAVI 5-46, SC. COLONY GONDIPARLA, PO. DEVAMADA KURNOOL, ANDHRA PRADESH - 518 004 …RESPONDENTS (RESPONDENTS SERVED AND UNREPRESENTED) THIS CMP IS FILED UNDER SEC.11(5) OF 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. 80870003279 ANNEXURE B DATED 23.08.2022 EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2026:KHC:18083 CMP No. 149 of 2025 ORAL ORDER Heard the learned counsel appearing for the petitioner. Respondents are served, remained absent. 2. In this petition, the petitioner has sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties as per Clause-21 of the Loan and Security Agreement dated 23.08.2022, Annexure-B to the petition, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 3. Having taken note of the submission made by the learned counsel appearing for the petitioner and upon perusal of Clause-21 of the Loan and Security Agreement dated 23.08.2022 (Annexure-B), I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties. 4. Accordingly, this petition under Section 11(6) of the Act, 1996 is allowed. Sri. D.R.Venkata Sudarshan, Retired District Judge is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case at - 4 - HC-KAR NC: 2026:KHC:18083 CMP No. 149 of 2025 Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Arbitration Centre. 5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter. 7. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. SD/- (E.S.INDIRESH) JUDGE SMJ List No.: 1 Sl No.: 27