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2026 DAILYLAW 41647 (KAR)

MR. UTKARSH SAHU v. IKAN UPLEVEL TECHNOLOGIES PRIVATE LIMITED

CMP/209/2026 · 2026-09-21

H T Narendra Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010298882026 NC: 2026:KHC:51653 CMP No. 209 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 209 OF 2026 BETWEEN: MR. UTKARSH SAHU AGED ABOUT 37 YEARS CURRENTLY RESIDING AT G-401, BRIGADE GATEWAY RAJAJINAGAR, BENGALURU KARNATAKA- 560055. …PETITIONER (BY SRI. ANISHA A. AATRESH., ADVOCATE) AND: 1. IKAN UPLEVEL TECHNOLOGIES PRIVATE LIMITED (FORMERLY INTERVIEW KICKSTART LLP) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT ANDHERI EAST, MUMBAI CITY F 201, ADITYA APARTMENT OLD NAGARDAS ROAD MUMBAI, MAHARASHTRA - 400069 THROUGH ITS DIRECTORS ALSO AT C/O AWFIS SPACE SOLUTIONS PRIVATE LIMITED SAMRAH PLAZA, ST MARKS ROAD SHANTALA NAGAR, ASHOK NAGAR BENGALURU, KARNATAKA- 560001. 2. UPWARD AND ONWARD INC A COMPANY INCORPORATED UNDER THE LAWS OF DELAWARE UNITED STATES OF AMERICA HAVING ITS OFFICE AT Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010298882026 NC: 2026:KHC:51653 CMP No. 209 of 2026 3 GERMANY DR, UNIT 4 #1755 WILMINGTON, DE 19804 UNITED STATES OF AMERICA THROUGH ITS DIRECTORS ALSO AT 4701, PATRICK HENRY DR BLDG 25, SANTA CLARA CA 95054 UNITED STATES OF AMERICA. …RESPONDENTS (R1 AND R2 ARE SERVED AND UNREPRESENTED) THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT SHRI.JUSTICE A.N. VENUGOPALA GOWDA (RETD) OR ANY RETIRED JUDGE OF THIS HONBLE COURT OR ANY OTHER COURT, AS THE SOLE ARBITRATOR FOR ADJUDICATION OF DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT NO.1 AND RESPONDENT NO.2, PURSUANT TO CLAUSE 14 OF ANNEXURE - B OF THE OFFER LETTER DATED 30.03.2023 (AT ANNEXURE -C), AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST. 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(5) 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 Offer Letter Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010298882026 NC: 2026:KHC:51653 CMP No. 209 of 2026 dated 30.03.2023, particularly in terms of Clause 14, thereof, produced at Annexure-C. 2. Respondent No.1 is a Private Limited Company incorporated under the provisions of the Companies Act, 2013, engaged in the business of providing technical interview preparation to help individuals enhance their careers. Respondent No.2 is a foreign company incorporated under the laws of Delaware, USA, and is the promoter of respondent No.1. The petitioner was offered employment by Interview Kickstart LLP (now IKAN Uplevel Technologies Private Limited, respondent No.1 herein) vide Offer Letter dated 10.12.2022, for the post of Director- Category Management, with a fixed annual salary of Rs.54,00,000/- along with other benefits. The petitioner accepted the said offer and was working with Interview Kickstart LLP. Subsequently, Interview Kickstart LLP was converted into IKAN Uplevel Technologies Private Limited. Accordingly, a fresh Offer Letter dated 30.03.2023 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010298882026 NC: 2026:KHC:51653 CMP No. 209 of 2026 (Annexure-C) was executed between the petitioner and respondent No.1. The petitioner continued to discharge his duties. However, on 06.10.2025, the petitioner was abruptly informed about the termination of his employment by respondent No.1 through an email. 3. The Offer Letter dated 30.03.2023 contains an arbitration clause, namely, Clause-14, which reads as under: “14. Governing Law and Arbitration You agree that the interpretation and enforcement of this Agreement shall be governed by the laws of India and all disputes under this Agreement shall be governed by the provisions of the Indian Arbitration and Conciliation Act, 1996. The venue for arbitration will be Bangalore.” 4. As the Offer Letter provides for resolution of disputes by way of arbitration, the petitioner issued a notice dated 10.02.2026, vide Annexure-Q, to the respondents under Section 21 of the Act, invoking the arbitration clause. The Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010298882026 NC: 2026:KHC:51653 CMP No. 209 of 2026 respondents sent a reply dated 10.03.2026 vide Annexure-T, to the said notice. Being dissatisfied with the reply, the petitioner is before this Court. 5. Notice issued by this Court has been duly served upon the respondent. Despite service of notice, none appears on behalf of the respondent. 6. In view of the above, and having regard to the existence of the arbitration clause contained in the Offer Letter, 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) Hon’ble Mr.Justice A.N.Venugopala Gowda, Former Judge, High Court of Karnataka, is appointed as the Sole Arbitrator in the present case to arbitrate the disputes between the parties at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010298882026 NC: 2026:KHC:51653 CMP No. 209 of 2026 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 Hon’ble Mr.Justice A.N.Venugopala Gowda. e) Registry is directed to return all the original documents produced by any of the parties after obtaining Photostat copies of the same. f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 16.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 20 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA