- 1 -

CMP No. 599 of 2022

and connected matters

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF SEPTEMBER, 2022

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

CIVIL MISC. PETITION NO. 599 OF 2022

C/W

CIVIL MISC. PETITION NOS. 57/2022, 62/2022,

63/2022, 71/2022, 72/2022, 73/2022, 74/2022, 78/2022,

81/2022, 82/2022, 85/2022, 88/2022, 93/2022, 99/2022,

600/2022, 603/2022, 605/2022 AND 608/2022

CIVIL MISC. PETITION NO. 599 OF 2022

BETWEEN:

CATERPILLAR FINANCIAL SERVICES INDIA

PRIVATE LIMITED

A COMPANY INCORPORATED AND REGISTERED UNDER

THE COMPANIES ACT, 1956

HAVING ITS REGISTERED OFFICE AT:

6TH FLOOR, TOWER 8B9 PRESTIGE SHANTINIKETAN THE

BUSINESS PRECINCT, WHITEFIELD MAIN ROAD,

BENGALURU, KARNATAKA-560 048.

&PETITIONER

(BY SRI ABHINAV R., ADVOCATE FOR

SRI THAKUR RISHABHA RAJ, ADVOCATE)

AND:

1.

RADHESHYAM SINGH

S/O SURESH SINGH,

KAJUR, GAYA, BIHAR - 805131,

PHONE NO. 8757775745.

2.

SITARAM SINGH

S/O SURESH SINGH,

KAJUR, GAYA, BIHAR 3 805131.

&RESPONDENTS

(RESPONDENTS - SERVED)

®

Digitally signed by

POORNIMA

SHIVANNA

Location: HIGH COURT

OF KARNATAKA

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CMP No. 599 of 2022

and connected matters

THE CIVIL MISC. PETITION IS FILED UNDER SEC.11(6-A) OF

THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO

APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTES AND

DIFFERENCES AMONGST THE PARTIES IN TERMS OF CLAUSE 21 OF

THE LOAN AND SECURITY AGREEMENT DATED 02/09/2020 VIDE

ANNEXURE-B EXECUTED BETWEEN THE PETITIONER AND THE

RESPONDENTS & ETC.

*****

IN CIVIL MISC. PETITION NO. 57 OF 2022

BETWEEN:

CATERPILLAR FINANCIAL SERVICES INDIA

PRIVATE LIMITED

A COMPANY INCORPORATED AND REGISTERED UNDER

THE COMPANIES ACT,1956

HAVING ITS REGISTERED OFFICE AT:

6^TH FLOOR, TOWER 8B9, PRESTIGE SHANTINIKETAN

THE BUSINESS PRECINCT, WHITEFIELD MAIN ROAD

BENGALURU, KARNATAKA - 560048

&PETITIONER

(BY SRI ABHINAV R., ADVOCATE FOR

SRI THAKUR RISHABHA RAJ, ADVOCATE)

AND:

1.

SHEELA

W/O DHANARAM

261, KACHIYANA MOHALLA

KHIRAKPATTI, BHATTA GAON, SIMRAHA

JHASI, UTTAR PRADESH.

2.

DHANARAM KUSHWAHA

S/O BALU

KHIRAKPATTI, BHATTAGAON

JHANSI KHAS, JHANSI

UTTAR PRADESH-284001.

&RESPONDENTS

(RESPONDENTS - SERVED)

THE CIVIL MISC. PETITION IS FILED UNDER SEC.11(6-A) OF

THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO

APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTES AND

DIFFERENCES AMONGST THE PARTIES IN TERMS OF CLAUSE 21 OF

- 3 -

CMP No. 599 of 2022

and connected matters

THE LOAN AND SECURITY AGREEMENT DATED 02/12/2020 VIDE

ANNEXURE-B EXECUTED BETWEEN THE PETITIONER AND THE

RESPONDENTS & ETC.

*****

IN CIVIL MISC. PETITION NO. 62 OF 2022

BETWEEN:

CATERPILLAR FINANCIAL SERVICES INDIA

PRIVATE LIMITED

A COMPANY INCORPORATED AND REGISTERED UNDER

THE COMPANIES ACT,1956

HAVING ITS REGISTERED OFFICE AT:

6TH FLOOR, TOWER 8B9 PRESTIGE SHANTINIKETAN THE

BUSINESS PRECINCT, WHITEFIELD MAIN ROAD

BENGALURU KARNATAKA 3 560048.

&PETITIONER

(BY SRI ABHINAV R., ADVOCATE FOR

SRI THAKUR RISHABHA RAJ, ADVOCATE)

AND:

1.

VAKAR AHMAD

S/O IBRAR AHAMAD

JARWA ROAD, TULSIPUR

BALARAMPUR UTTAR PRADESH 3 271208.

2.

TARIFOON NISHA

W/O IBRAR AHAMAD

JARWA ROAD TULSIPUR

BALARAMPUR UTTAR PRADESH - 271208

&RESPONDENTS

(RESPONDENTS - SERVED)

THE CIVIL MISC. PETITION IS FILED UNDER SEC.11(6-A) OF

THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO

APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTES AND

DIFFERENCES AMONGST THE PARTIES IN TERMS OF CLAUSE 21 OF

THE LOAN AND SECURITY AGREEMENT DATED 06/06/2020 VIDE

ANNEXURE-B EXECUTED BETWEEN THE PETITIONER AND THE

RESPONDENTS & ETC