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2025 Supreme(Online)(Kar) 35516

THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
AKAASH CONNECTIVITY SOLUTIONS PRIVATE LIMITED – Appellant
Versus
MR. ABHINANDAN SHARMA – Respondent
CMP 397/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 397 OF 2025 BETWEEN:

1. AKAASH CONNECTIVITY SOLUTIONS PRIVATE LIMITED WITH ITS REGISTERED OFFICE AT VILLA NO. 9, PRESTIGE LANGLEIGH, PHASE-1, ECC ROAD, WHITEFIELD, BANGALORE - 560 066 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. KISHAN KUMAR SHETTY.

2. M/S LUMIPOL INTERNATIONAL BV HAVING ITS REGISTERED OFFICE AT MUGGENBERG 14, 5591, TP HEEZE, NETHERLANDS.

REPRESENTED BY ITS AUTHORISED SIGNATORY MR. TOM KRIECKAERT.

3. CISFIBER INFRA SOLUTIONS PRIVATE LIMITED, WITH ITS REGISTERED OFFICE AT VILLA NO. 9, PRESTIGE LANGLEIGH, PHASE-I, ECC ROAD, WHITEFIELD, BANGALORE - 560 066.

Digitally signed REPRESENTED BY ITS AUTHORISED SIGNATORY by SHWETHA MR. KISHAN KUMAR SHETTY.

RAGHAVEND RA Location: HIGH

4. MS. ARADHANA SHETTY, COURT OF RESIDING AT VILLA NO. 9, PRESTIGE LANGLEIGH, KARNATAKA PHASE-I, ECC ROAD, WHITEFIELD, BANGALORE - 560 066.

5. MR.K.K. SHETTY SHAREHOLDER, RESIDING AT VILLA NO. 9, PRESTIGE LANGLEIGH, PHASE-I, ECC ROAD, WHITEFIELD, BANGALORE - 560 066.

…PETITIONERS (BY SRI. UDAY SHANKAR R MANJESHWAR, ADVOCATE)

AND:

MR. ABHINANDAN SHARMA, RESIDING AT A-104, DOSTI ACRES, NEW WADALA (E), MUMBAI 400 037 ALSO AT RESIDING AT F1003, KANAIKA PARIS, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI-400 051.

…RESPONDENT (BY SRI. RITHWICK GANESH, ADVOCATE)

THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR FROM THE PANEL OF ARBITRATORS OF THE KARNATAKA ARBITRATION CENTRE TO ARBITRATE THE DISPUTES BETWEEN THE PARTIES HEREIN AS PER CLAUSE 2.2 OF CHAPTER 4 OF THE SHARE SUBSCRIPTION AND SHARE HOLDERS AGREEMENT DATED 01.12.2020 PRODUCED AT ANNEXURE-B.

THIS CMP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs;

a. To appoint an Arbitrator from the Panel of Arbitrators of the Karnataka Arbitration Centre to arbitrate the disputes between the parties herein as per Clause 2.2 of Chapter 4 of the Share Subscription and Shareholders Agreement dated 01.12.2020 produced at Annexure-B. b. To grant such other relief/s as this Hon’ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity.

2. After arguing for some time, learned counsel for the respondent submits that a Former Judge of this Court could be appointed as a sole arbitrator to arbitrate the dispute between the parties by leaving all the contentions open.

3. In that view of the matter, I pass the following:

ORDER i) CMP is allowed ii) Shri Dr.Justice Vineet Kothari, Former Judge of this Court is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court.

iii) Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful.

iv) Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at

2.30 p.m. on 19.11.2025.

v) All contentions are kept open.

SD/-

(SURAJ GOVINDARAJ)

JUDGE LN List No.: 1 Sl No.: 92

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