M/S SKANRAY TECHNOLOGIES LTD v. MR RANGADHAR BEHERA
CMP/31/2026 · 2026-09-09
H T Narendra Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 39054 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 39054 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010043852026 NC: 2026:KHC:48879 CMP No. 31 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 31 OF 2026 BETWEEN:
M/S SKANRAY TECHNOLOGIES LTD (A COMPANY REGISTERED UNDER COMPANIES ACT) HAVING OFFICE AT, PLOT NO.15-17 HEBBAL INDUSTRIAL AREA MYSURU-570 016 REP. BY ITS COMPANY SECRETARY BHAGYA M G. …PETITIONER (BY SRI. KIRAN KUMAR M, ADVOCATE FOR SRI. MANIKANTA H B., ADVOCATE) AND:
MR RANGADHAR BEHERA S/O GAJENDRA BEHERA AGED ABOUT MAJOR R/AT KHALIBERANA, DHENKANAL ORISSA-759 128. …RESPONDENT (RESPONDENT SERVED)
THIS CMP FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, AS PER CLAUSE 16 OF THE OFFER
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010043852026 NC: 2026:KHC:48879 CMP No. 31 of 2026
OF EMPLOYMENT DATED 7.10.2021 PRODUCED AT ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), seeking appointment of a Sole Arbitrator for adjudication of the disputes that have arisen between the petitioner and the respondent under the Offer of Employment dated 07.10.2021, particularly in terms of Clause 16, thereof, produced at Annexure-C.
2. Petitioner is a company engaged in the field of manufacturing and sale of medical equipments. The respondent herein was offered employment as Assistant General Manager in the petitioner-Company on 07.10.2021 vide Offer of Employment. The respondent was employed as an Assistant General Manager on
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HC-KAR
CNR: KAHC010043852026 NC: 2026:KHC:48879 CMP No. 31 of 2026
probation for a period of one year and during which he had no provision for separation except for the reasons provided in the Offer of Employment. Contrary to the terms of the Offer of Employment dated 07.10.2021, the respondent tendered his resignation on 15.04.2022 through email to his reporting Manager and thereafter, did not report for work. As such, the petitioner issued a notice to the respondent on 19.05.2022 calling upon the respondent to report back to work and complete the formalities. There was no response from the respondent. 3. The Offer of Employment dated 07.10.2021 contains an arbitration clause, namely, Clause 16, which reads as under:
“16. Arbitration Any dispute or difference or claim arising in connection with this contract shall be resolved by reference to arbitration by an arbitrator appointed by Skanray Technologies Ltd. as its sole discretion. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English. The venue of
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HC-KAR
CNR: KAHC010043852026 NC: 2026:KHC:48879 CMP No. 31 of 2026
arbitration shall be at Mysore. The award of the arbitrator shall be final and binding on the parties. The governing law shall be the laws of India.”
3. Since disputes arose between the parties, the petitioner issued a notice dated 11.11.2025 vide Annexure-H to the respondent in terms of Section 21 of the Act, invoking the arbitration clause. The respondent refused to accept the same. To that effect, the petitioner has produced acknowledgement. Hence, the petitioner has filed the present petition. 4. Notice issued by this Court has been duly served upon the respondent.
Despite service of notice, none appears on behalf of the respondent. 5. In view of the above, and having regard to the existence of the arbitration clause contained in Clause-16 of the Offer of Employment dated 07.10.2021, this Court is of the opinion that a Sole Arbitrator is required to be
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HC-KAR
CNR: KAHC010043852026 NC: 2026:KHC:48879 CMP No. 31 of 2026
appointed for adjudication of the disputes between the parties. Accordingly, the following:
ORDER a) Petition is allowed.
b) Sri.C.Chandramalle Gowda, Retired District Judge, is appointed as the Sole Arbitrator in the present case to arbitrate the dispute between the parties at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre.
c) All the claims and contentions of the parties are kept open.
d) Registry is directed to communicate this order via E-mail to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, and also to the learned Sole Arbitrator.
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HC-KAR
CNR: KAHC010043852026 NC: 2026:KHC:48879 CMP No. 31 of 2026
e) Registry is directed to return all the original documents produced by any of the parties after obtaining Photostat copies of the same.
f) Both the parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 28.09.2026 at 11:30 a.m.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM LIST NO.: 1 SL NO.: 9