- 1 - HC-KAR NC: 2026:KHC:23237 CMP No. 717 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 717 OF 2025 BETWEEN: EVIFY LOGITECH PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 REPRESENTED BY DEVRISHI ARORA CIN U63030GJ2021PTC123993 OFFICE AT 809 AND 810, 8TH FLOOR, TITANIUM BUSINESS HUB OPP. AKASH EMPIRE, BHIMRAD ROAD, SURAT, GUJARAT - 395 017 MOBILE: 8758885888 EMAIL dev@evify.co.in. …PETITIONER (BY SRI. GARV MALHOTRA, ADVOCATE (VC)) AND: MESTIS ENERGY PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 REPRESENTED BY SEETANSHU TYAGI CIN 31509KA2022PTC157417 OFFICE AT 26, 3RD CROSS ROAD, 16TH MAIN, KORAMANGALA 4TH BLOCK, KORAMANGALA, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23237 CMP No. 717 of 2025 BENGALURU SOUTH - 560034, KARNATAKA, INDIA. EMAIL styagi@emoenergy.in. …RESPONDENT (BY SRI. SAMAKSH SOOD, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR ON BEHALF OF THE PARTIES IN THE CAPTIONED MATTER AS UNDER CLAUSE 12 OF ANNEXURE - A (19.12.2023); DESIGNATE AN ARBITRATOR/INSTRUCT THE APPOINTMENT OF AN ARBITRATOR WHO IS GEOGRAPHICALLY, LINGUISTICALLY AND CULTURALLY INDEPENDENT FROM THE IDENTITIES OF BOTH PARTIES. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard Shri. Garv Malhotra, learned counsel appearing for the petitioner and Shri. Samaksh Sood, learned counsel appearing for the respondent. - 3 - HC-KAR NC: 2026:KHC:23237 CMP No. 717 of 2025 2. This Petition is filed by the Petitioner seeking appointment of an Arbitrator in terms of Clause 12 of the Supply Agreement dated 19.12.2023 (Annexure-A) to the Petition. 3. Learned counsel appearing for the Petitioner refers to Clause 12 of the Supply Agreement at Annexure-A and sought for appointment of an Arbitrator who may be geologically, linguistically and culturally independent of the identity of the parties, to resolve the dispute between the parties. 4. Per contra, learned counsel appearing for the respondent submitted that there is a lacuna in Clause 12 of Annexure-A as there is no procedure prescribed in the said Clause as to appointment of Arbitrator and therefore, places reliance in the case of ADAVYA PROJECTS PRIVATE LIMITED Vs. VISHAL STRUCTURALS PRIVATE LIMITED AND OTHERS reported in AIR 2025 SC 2485, and accordingly sought for dismissal of the Petition. 5. In the light of the submissions made by the learned counsel appearing for the parties, taking into consideration Clause 12 of the Agreement dated 19.12.2023 (Annexure-A), - 4 - HC-KAR NC: 2026:KHC:23237 CMP No. 717 of 2025 I am of the view that, appointment of an Arbitrator is necessitated. Though learned counsel appearing for the respondent submits that, there is no procedure contemplated for appointment of Arbitrator in Clause 12 of the Agreement at Annexure-A, however, perusal of the Clause 12 makes it clear that the appointment of Arbitrator shall be subject to the exclusive jurisdiction of Bengaluru as well as venue of Arbitrator shall be at Bengaluru. In that view of the matter, taking into consideration Clause 12.2 and 12.4 of the Agreement at Annexure-A, I am of the view that, the argument advanced by the learned counsel appearing for the respondent cannot be accepted. 6. Accordingly, Hon'ble Justice Shri. A.N. Venugopala Gowda, former Judge of this Court, is hereby appointed as the Arbitrator to resolve the disputes between the parties. 7. Since parties are represented through their learned counsel, the parties are directed to appear before the Arbitration and Conciliation Centre, Race Course Road, Bengaluru, on 05.06.2026 at 11.00 a.m. On appearance of the - 5 - HC-KAR NC: 2026:KHC:23237 CMP No. 717 of 2025 parties, learned Arbitrator is requested to dispose of the matter. 8. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Hon'ble Justice Shri. A.N. Venugopala Gowda, former Judge of this Court, forthwith. 9. Accordingly, this Civil Miscellaneous Petition stands disposed of. All the contentions of the parties are kept open. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 21