- 1 - HC-KAR NC: 2026:KHC:18744 CMP No. 146 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.146 OF 2025 BETWEEN: 1. CATTERPILLER FINANCIAL SERVICES INDIA PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT PRESENTLY R/AT GROUND FLOOR, PRESTIGE SHANTINIKETAN, CRESCENT 1, WHITEFIELD ROAD HOODI, WHITEFIELD, BENGALURU URBAN, KARNATAKA- 560048 REPRESENTED BY AUTHORISED VISHWAROOP NANJACHAR …PETITIONER (BY SRI. THAKUR RISHABHA RAJ.,ADVOCATE) AND: 1. KASHAPOGU SURESH 1-33, 1ST WARD, PUDUR KUMOOL, ANDHRA PRADESH- 518432 EMAIL -KASAPOGU4387GMAIL.COM PHONE NO.9603454387 2. GANTEPOGU DHASU Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18744 CMP No. 146 of 2025 1-67, SC COLONY PUDURU, KURNOOL, MANDAL, ANDHRA PRADESH -518432. …RESPONDENTS (V/O DATED 07.04.2026 NOTICE TO R1 IS HELD SUFFICIENT; V/O DATED 07.04.2026 R2 IS DELETED) THIS CMP IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT, 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 DATED 23.10.2022 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 E.S.INDIRESH ORAL ORDER Heard learned counsel appearing for the petitioner. Respondent 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 in relation to the Loan and Security Agreement dated - 3 - HC-KAR NC: 2026:KHC:18744 CMP No. 146 of 2025 23.10.2022 (Annexure-B) in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 3. Having taken note of the submissions made by the learned counsel appearing for the petitioner and upon perusal of Clause 21 of the aforesaid Loan and Security Agreement dated 23.10.2022 (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. Venkatasudharshan, Retired District Judge, is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre - 4 - HC-KAR NC: 2026:KHC:18744 CMP No. 146 of 2025 (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. 5. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal. 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), 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 SB List No.: 2 Sl No.: 2