IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 145 OF 2025 BETWEEN:

CATERPILLER FINANCIAL SERVICES INDIA PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFICE PRESENTLY AT:

GROUND FLOOR, PRESTIGE SHANTINIKETAN CRESCENT 1, WHITEFIELD ROAD, HOODI, Digit ally signed by BENGALURU URBAN, SUNITHA K S KARNATAKA – 560048 Location:

HIGH COURT REP. BY VISHWAROOP NANJACHAR OF KARNATAKA AUTHORISED SIGNATORY …PETITIONER (BY SRI. RISHABHA RAJ., ADVOCATE)

AND:

1. VS INFRA LOGISTICS PVT. LTD.

1B, 1^ST FLOOR, 50-58-12/1/1 PLOT NO.34 VIJAYASURYANIVAS, RAJENDRA NAGAR VISAKHAPATNAM - 530016 ANDHRA PRADESH

2. CHAKRADHARAMANTI SATISH KUMAR S/O APPARAOCHAKRADHARAMANT

9-6-48 FLAT NO. 305, ADITYA RESIDENCY SIVAJIPALEM, MVP COLONY, LB COONY VISAKHAPATNAM, ANDHRA PRADESH – 530017

3. VENKATARAMANA MURTHY C H S/O APPARAO C H

9-6-48, FLAT NO. 3059 ADITYA RESIDENCY, SIVAJIPALEM MVP COLONY, LB COLONY VISAKHAPATNAM ANDHRA PRADESH - 530017.

…RESPONDENTS (R1, R2 AND R3 ARE SERVED)

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

OF 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 29.12.2022 ANNEXURE-B EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

1. This Civil Miscellaneous Petition is filed under section

11(6) of the Arbitration And Conciliation Act, 1996 (for short ‘the Act’) to appoint the arbitrator for resolving the disputes between the parties to the petition in terms of clause 21 of the Loan and Security Agreement dated 29.12.2022 vide Annexure B as per the provisions of the Arbitration and Conciliation Act, 1996 and the Rules.

2. Brief facts, leading rise to the filing of this petition are as follows:

3. The petitioner is a company incorporated under the Indian Companies Act, 1956. The petitioner and the respondents had entered into a loan and security agreement dated 29.12.2022 and have availed a loan amount of Rs.2,04,07,200/- which was to be repaid together with the interest in 48 EMI’s at Rs.5,34,372/- per month commencing from 05.03.2023 and thereby ending on 05.01.2027. The time was the essence of the contract and the respondents were duty bound to pay the EMI’s on stipulated time period failing which the respondents were liable for the overdue charges on the defaulted amount and other necessary charges incurred due to the default in payment.

4. There is an arbitration clause at Clause 21 of the Loan and Security Agreement. The respondents committed breach of contractual terms. Despite repeated requests the respondents have failed to pay the outstanding dues. Further, the petitioner issued a notice dated 20.11.2023 terminating the agreement and called upon the respondents to make the payment. However, the respondents committed a default in making payments. The petitioner issued an arbitration notice dated 19.01.2025 invoking the arbitration clause. However, the respondents neglected to give consent to the appointment of the sole arbitrator. Hence, this petition.

5. Despite the service of notice, the respondents remained unrepresented before this court.

6. Heard the learned counsel for the petitioner.

7. Learned counsel for the petitioner submits that, the arbitral dispute arose between the parties to the petition and there exists an arbitration clause. He submits that the petitioner invoked the arbitration clause by issuing an arbitration notice under section 21 of the Act. Hence, the dispute has to be referred to the Arbitration. Accordingly, on these grounds, prays to allow the petition.

8. Perused the records, and considered the submissions of the learned counsel for the petitioner.

9. The point, that would ari