- 1 - HC-KAR CNR: KAHC010630552025 NC: 2026:KHC:49764 WP No. 29124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO. 29124 OF 2025 (GM-RES) BETWEEN: BALAJI HARISH IYER ADVOCATE AND ARBITRATOR S/O HARISH B AGED ABOUT 33 YEARS INDIAN CITIZEN PERMANENT R/O G-3, KKR VAJRA 155/A-3, 1ST MAIN, 4TH BLOCK RMV EXTENSION STAGE 2 BANGALORE-560 094 HAVING EMAIL ADDRESS balaji@georgerebello.com AND MOBILE NUMBER : 91 73493 60143 …PETITIONER (BY SRI: BALAJI HARISH IYER, PARTY-IN-PERSON [VC]) AND: 1. ERDAC SOLUTIONS PRIVATE LIMITED A COMPANY INCORPORATED UNDER INDIAN LAW OPERATING AS CENTRE FOR ALTERNATE DISPUTE RESOLUTION EXCELLENCE (CADRE) HAVING ITS REGISTERED OFFICE AT NO.39/1 2ND FLOOR, SHANMUGHA ARCADE NGEF LANE, BINNAMANGALA 1ST STAGE INDIRA NAGAR, BANGALORE-560 038 AND EMAIL ADDRESS Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010630552025 NC: 2026:KHC:49764 WP No. 29124 of 2025 kanchangjaswal@gmail.com REPRESENTED BY ITS DIRECTOR RANEESH JASWAL 2. JOHN DEERE FINANCIAL INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER INDIAN LAW, REGISTERED AS A NON-BANKING FINANCIAL COMPANY WITH THE RESERVE BANK OF INDIA HAVING ITS REGISTERED OFFICE AT TOWER XIV CYBERCITY MAGARPATTA CITY, HADAPSAR, PUNE-411 013 AND EMAILL ADDRESS lawateankush@johndeere.com THROUGH ITS LEGAL REPRESENTATIVE PRATAP SINGH RATHORE HAVING EMAIL ADDRESS RathorePratap@johndeere.com 3. STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF LAW, VIDHANA SOUDHA BANGALORE-560 001 4. UNION OFJ INDIA THROUGH ITS SECRETARY MINISTRYOF LAW AND JUSTICE 4TH FLOOR, A-WING, SHASTRI BHAWAN NEW DELHI-110 001 …RESPONDENTS (BY SRI: CHINMAY J MIRJI, ADVOCATE FOR R1; SMT: JAI M PATIL, ADVOCATE FOR R2; SRI: UNNIKRISHNAN M, ADVOCATE FOR R4; V/O/DTD 23.09.25, NOTICE TO R3 STANDS DISPOSED) THIS WRIT PETITION IS FILED UNDER ARTICLE 19(1)(g) READ WITH ARTICLES 226 AND 227 OF THE CONSTITUTION OF - 3 - HC-KAR CNR: KAHC010630552025 NC: 2026:KHC:49764 WP No. 29124 of 2025 INDIA PRAYING TO DECLARE THAT RESPONDENT NO.1 IS AMENABLE TO THIS HON'BLE COURTS WRIT JURISDICTION AS IT PERFORMS A PUBLIC FUNCTION AND DIRECT RESPONDENT NO.1 TO PRODUCE AND DEPOSIT THE COMPLETE ARBITRAL RECORD OF ALL 56 ARBITRATIONS BEFORE THIS HO'NBLE COURT, INCLUDING THE PURPORTED ADMINISTRATIVE ORDER DTD. 12.08.2025 AT (ANNEXURE-P) AND QUASH RESPONDENT NO.1 PURPORTED ADMINISTRATIVE ORDER DATED 12.08.2025 TERMINATING THE PETITIONERS MANDATE AT (ANNEXURE-P) AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA ORAL ORDER The petitioner is before this Court seeking the following prayers: a) Declare that Respondent No.1 is amenable to this Hon'ble Court's writ jurisdiction as it performs a public function; b) Direct Respondent No.1 to produce and deposit the complete arbitral record of all 56 arbitrations before this Hon'ble Court, including the purported administrative order dated 12.08.2025 at Annexure-P; c) Issue a writ of certiorari or other writ in the nature of certiorari quashing Respondent No.1's purported administrative order dated 12.08.2025 terminating the petitioner's mandate at Annexure-P; d) Issue a writ of mandamus or other writ in the nature of mandamus directing reinstatement of the petitioner as arbitrator in the 53 pending matters and restoration of access to records; and - 4 - HC-KAR CNR: KAHC010630552025 NC: 2026:KHC:49764 WP No. 29124 of 2025 e) Pass such other orders as deemed fit in the interests of justice." 2. The main relief in the writ petition is challenging the Communication dated 12.08.2025 issued by respondent No.1 - Company terminating the petitioner from the empanelment of respondent No.1 - Company. The contention of the petitioner is that he was empanelled as an Arbitrator by respondent No.1 - Company, however, abruptly his empanelment has been suspended, without following the principles of natural justice. 3. The petitioner has contended at paragraph No.44 of the writ petition that, though respondent No.1 is a private body, however, its functions are akin to the functions of the Civil Court, therefore, respondent No.1 is to be considered as a public functionary and the writ petition is maintainable. 4. This Court is of the opinion that such a contention cannot be accepted in the absence of any statutory provision, which supports the said contention. Respondent No.1 is neither recognized nor authorized by any judicial forum or the State to conduct private arbitration. Therefore, respondent No.1 at any stretch of imagination could be considered as a State or other - 5 - HC-KAR CNR: KAHC010630552025 NC: 2026:KHC:49764 WP No. 29124 of 2025 authority or a recognized institution from the State Government. Accordingly, the contention at paragraph No.44 is rejected. 5. It is noticed that respondent No.1 is a Company incorporated under the Companies Act. Its function is governed by Memorandum of Association and Articles of Association. The activities of the Company is private in nature and not public function. Therefore, the order/communication issued by respondent No.1 at Annexure-P is not amenable to the writ jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. However, it is open for the petitioner to avail other legal remedies in accordance with law. Sd/- (T.P.VIVEKANANDA) JUDGE BGN List No.: 1 Sl No.: 5