IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 51 OF 2024 BETWEEN:

ITRIANGLE INFOTECH PRIVATE LIMITED HAVING ITS REGISTERED ADDRESS AT

803/A (803/A-1-3), 76TH A CROSS, WEST OF CHORD ROAD, 6TH BLOCK, RAJAJINAGAR, BENGALURU KARNATAKA - 560 010.

REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE LEGAL AND COMPLIANCE OFFICER MS. AAYUSHI RIZWANI.

…PETITIONER (BY SRI. H.K. VIKRAM, ADVOCATE)

AND:

Digitally signed by SHWETHA INYNATRA TECHNOLOGIES PRIVATE LIMITED RAGHAVENDRA HAVING ITS REGISTERED ADDRESS AT Location: HIGH COURT OF GAT NO. 208-210, 221,224 AND OTHERS, KARNATAKA SHINDEWADI, SHIRVAL MAHARASHTRA - 412 801 REPRESENTED BY IS MANAGING DIRECTOR.

…RESPONDENT (BY SRI. NAVEEN KUMAR B.C, ADVOCATE)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)

OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT SOLE ARBITRATOR IN TERMS OF CLAUSE 19.6.2. OF THE AGREEMENT DATED 24.5.2021 AT ANNEXURE B READ WITH SECTION 10(2) AND SECTION 11(6) OF THE ARBITRATION AND CONCILAITION ACT, 1996 FOR ADJUDICATING UPON THE DISPUTE HAVING AROSE BETWEEN THE PETITIONER AND RESPONDENT, AND GRANT SUCH OTHER RELIEF IN FAVOR OF THE PETITIONER AS THE HONBLE COURT MAY DEEM FIT IN INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, 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;

"Wherefore, the petitioner prays that this Hon'ble court may be pleased to appoint Sole Arbitrator in terms of Clause A If dated 24-05-2021 19.6.2. of the Agreement at Annexure B read with Section 10(2) and section 11(6) of the Arbitration and Conciliation Act, 1996 for adjudicating upon the dispute having arose between the Petitioner and Respondent, and grant such other relief in favor of the Petitioner as the Hon'ble Court may deem fit in interest of justice and equity."

2. The petitioner and the respondents had entered into Manufacturing Service Agreement on 24.05.2021, which is governed by an Arbitration Clause in terms of Clause 19.6 relating to dispute resolution which is reproduced hereunder for reference;

19.6.1 The Parties shall use good faith to resolve disputes, within twenty (20) business days of notice of such dispute. Such efforts shall include escalation to the corporate officer level of each Party.

19.6.2 If the Parties cannot resolve any such dispute within said twenty (20) business days period, the matter shall be submitted to arbitration for resolution. Arbitration will be governed as per the Arbitration Act of the Indian laws.

3. The Governing law and jurisdiction as contained in Clause 19.7 which is reproduced hereunder for reference;

"19.7 Governing Law and jurisdiction: This agreement and interpretation of its terms shall be governed by the laws prevailing in India. The court of jurisdiction shall be the courts of Bangalore only."

4. There being certain disputes between the parties, the petitioner invoked the Arbitration Clause and issued a notice on 18.09.2023 nominating the Arbitrator.

Notice having been served on the respondents, the respondents have replied denying all the disputes raised and contending that they are not agreeable for appointment of the Arbitrator as indicated therein and particularly, stating that the proceedings pending under Section 138 r/w Section 141 of the Negotiable Instruments Act, 1881 and the criminal proceedings being pending, Arbitration cannot be resorted.

5. In that background, the petitioner has approached this Court seeking for the aforesaid relief.

6. Notice having been issued, respondents had entered appearance through a counsel. However, the said counsel has not been appearing in the matter, as such, this Court vide order dated 07.11.2025 had observed that if none were to appear for the respondents on the next date of hearing ie., today, the petition would be taken up for consideration on t