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2025 Supreme(Online)(Kar) 442623

THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
SONAL GALA – Appellant
Versus
THINK AND LEARN PVT LTD – Respondent
CMP 308/2024



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CIVIL MISC. PETITION NO. 308 OF 2024

BETWEEN:

SONAL GALA

AGED ABOUT 60 YEARS,

WIFE OF MR. ANISH GALA,

RESIDING AT

NO.303 304, ARUNDEEP,

RACE COURSE CIRCLE,

BARODA - 390007.

…PETITIONER

(BY SRI. YASHODHAR HEGDE.,ADVOCATE)

AND:

1. THINK AND LEARN PVT LTD

A COMPANY INCORPORATED

UNDER THE INDIAN COMPANIES ACT

HAVING OFFICE AT

Digitally signed

IBC KNOWLEDGE PARK,

by SHWETHA

4/1, 2ND FLOOR RAGHAVENDRA

TOWER D BANNERGHATTA MAIN ROAD,

Location: HIGH

COURT OF BANGALORE- 560029

KARNATAKA REPRESENTED BY ITS DIRECTOR

2. MR. BYJU REVEENDRAN

AGED ABOUT 44 YEARS

RESIDING AT

43, YOGANARASIMHA

14TH MAIN, 15TH CROSS,

HSR LAYOUT, SECTOR 4,

BANGALORE - 560034.

3. MR. RIJU RAVEENDRAN AGED ABOUT 44 YEARS, RESIDING AT

43, YOGANARASIMHA

14TH MAIN, 15TH CROSS, HSR LAYOUT, SECTOR 4, BANGALORE - 560034.

4. MRS. DIVYA GOKULNATH AGED ABOUT 37 YEARS, RESIDING AT

43, YOGANARASIMHA

14TH MAIN, 15TH CROSS, HSR LAYOUT, SECTOR 4, BANGALORE - 560034.

…RESPONDENTS (BY SRI. HARIKRISHNA PRAMOD., ADVOCATE FOR R1;

SRI. ARJUN K PERIKAR, ADVOCATE FOR R4)

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

OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO A APPOINT A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT ARISING OUT OF THE MERGER AGREEMENT, DATED 10 JUNE 2016 (ANNEXURE-A), B GRANT SUCH FURTHER AND OTHER RELIEFS THAT THIS HONBLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE.

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:

a. “ Appoint a Sole Arbitrator to adjudicate the disputes between the petitioner and the respondent arising out of the Merger Agreement, dated 10th June 2016 (@ Annexure-

A); in accordance with clause 15 of merger agreement.

b. Grant such further and other reliefs that this Hon’ble Court may deem fit and proper in the facts and circumstances of present case.”

2. Proceedings having been initiated against respondent No.1, under the Insolvency and Bankruptcy Code and moratorium having been ordered in C.P.I.E. No.149/2023, in that view of the matter an Arbitrator cannot be appointed now. Hence, the matter is adjourned sine die pending the outcome of C.P.I.E. No.149/2023.

3. In the event of either moratorium be it lifted or the company comes out of liquidating process, the petitioner is reserved liberty to approach the Court.

4. Reserving such liberty, the above petition stands disposed of.

5. Registry is directed to return the originals / certified copies of the documents filed to the petitioner on compliance with the formalities.

SD/-

(SURAJ GOVINDARAJ)

JUDGE JJ List No.: 1 Sl No.: 20

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