- 1 - HC-KAR CNR: KAHC010156822026 NC: 2026:KHC:48877 CMP No. 107 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. 107 OF 2026 BETWEEN: EDUQUITY CAREER TECHNOLOGIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT AJMERA NUCLEUS, 7TH FLOOR SHANTHI PURA, ELECTRONIC PHASE - II BENGALURU - 560100 REP. BY ITS AUTHORIZED SIGNATORY MR. SHIVA PRAKASH TRIPATHEE. …PETITIONER (BY SRI. BALA NIKIT., ADVOCATE) AND: 1. VONKEN BRANDTECH PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NO. 627, THE COMMODITY EXCHANGE PLOT NOS. 2, 3 AND 4, SECTOR 19 VASHI, NAVI MUMBAI, THANE MAHARASHTRA, INDIA – 400703. 2. MR. AMIT BANSAL FOUNDER, CHIEF EXECUTIVE OFFICER VONKEN BRANDTECH PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NO. 627 THE COMMODITY EXCHANGE PLOT NOS. 2, 3 AND 4, SECTOR 19 VASHI, NAVI MUMBAI, THANE MAHARASHTRA, INDIA-400703. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010156822026 NC: 2026:KHC:48877 CMP No. 107 of 2026 3. MR. AMIT MISHRA FOUNDER, FINANCE AND STRATEGY VONKEN BRANDTECH PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NO. 627 THE COMMODITY EXCHANGE PLOT NOS. 2, 3 AND 4, SECTOR 19 VASHI, NAVI MUMBAI, THANE MAHARASHTRA INDIA – 400703. 4. MR. PUNEET BANSAL FOUNDER, TECH AND PRODUCT VONKEN BRANDTECH PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NO. 627 THE COMMODITY EXCHANGE PLOT NOS. 2, 3 AND 4, SECTOR – 19 VASHI, NAVI MUMBAI, THANE MAHARASHTRA INDIA-400703. …RESPONDENTS (R1 TO R4 ARE SERVED) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT MR. V.V. ANGADI, FORMER PRINCIPAL DISTRICT JUDGE AS THE SOLE ARBITRATOR AND THE MATTER BE REFERRED TO THE ARBITRATION AND CONCILIATION CENTRE (DOMESTIC AND INTERNATIONAL), KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU IN ACCORDANCE WITH THE DISPUTE RESOLUTION CLAUSE IN LETTER OF ENGAGEMENT DATED 10.08.2024 VIDE 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 - 3 - HC-KAR CNR: KAHC010156822026 NC: 2026:KHC:48877 CMP No. 107 of 2026 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 respondents under the Letter of Engagement dated 10.08.2024, particularly in terms of Dispute Resolution Clause thereof, produced at Annexure-C. 2. Petitioner is a company engaged in providing end to end customized online examination and assessment services across India and globally. In 2024, the petitioner secured new office premises in Bangalore and engaged respondent No.1 through its directors (respondent Nos.2 to 4) for design and execution of interior fit out works under the Letter of Engagement dated 10.08.2024 based on assurances of timely completion and professional execution. Pursuant to the Letter of Engagement, the respondents undertook to complete the work by - 4 - HC-KAR CNR: KAHC010156822026 NC: 2026:KHC:48877 CMP No. 107 of 2026 10.01.2025. Thereafter, without completing the entire project, they have abandoned the work. The Letter of Engagement contains an arbitration clause, which reads as under: “DISPUTE RESOLUTION Mediation: In case of any dispute between the parties in connection with this LOE or the interpretation of any of the terms and/or conditions contained in this LOE, the dispute shall be referred to private mediation by a sole mediator accredited or certified by any High Court of the Republic of India and appointed mutually by the parties. If the parties are unable to resolve the dispute through mediation within 30 (thirty) days from the date of referral and after attending at least two sessions of mediation. then the parties may urge the dispute further. Arbitration: In the event of failure to resolve the dispute through mediation as set out above, the parties shall be at liberty to refer the same for arbitration before a sole arbitrator mutually appointed by the parties. Such arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any statutory amendment - 5 - HC-KAR CNR: KAHC010156822026 NC: 2026:KHC:48877 CMP No. 107 of 2026 or re-enactment thereof for the time being in force. The arbitration proceedings including the arbitral award shall be kept confidential. Each party shall bear and pay its own costs and expenses in connection with the arbitration/mediation proceedings unless the arbitrator/mediator direct otherwise. Language and Venue: The Mediation or Arbitration shall be conducted in English and the venue for the same shall be in Bangalore, India.” 3. Since disputes arose between the parties and there is a mechanism for redressal of such disputes by way of arbitration, the petitioner issued a notice dated 06.10.2025 vide Annexure-J to the respondents in terms of Section 21 of the Act, invoking the arbitration clause. Despite service of the said notice, the respondents did not furnish any response. Hence, the petitioner has filed the present petition. 4. Notice issued by this Court has been duly served upon the respondents. Despite service of notice, none appears on behalf of the respondents. - 6 - HC-KAR CNR: KAHC010156822026 NC: 2026:KHC:48877 CMP No. 107 of 2026 5. In view of the above, and having regard to the existence of the arbitration clause contained in the Letter of Engagement, this Court is of the opinion that a Sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Sri.S.R.Somasekhara, 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 - 7 - HC-KAR CNR: KAHC010156822026 NC: 2026:KHC:48877 CMP No. 107 of 2026 Bhavan, Bengaluru, and also to the learned Sole Arbitrator. 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 29.09.2026 at 11:30 a.m. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 11