Agua Wireless Systems Private Limited Vs Ashirvad Pipes Private Limited

AGUA WIRELESS SYSTEMS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT HOUSE NO. 465, BERI DIV DIGHAL MADANA, JHAJJAR, HARYANA, INDIA - 124102. REPRESENTED HEREIN BY ITS AUTHORISED SIGNATORY MR. MANISH RATHEE.

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…PETITIONER

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(BY SRI. MUDIT AHSUTOSH MUNDKUR, ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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ASHIRVAD PIPES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT PLOT NO. 27-P, 28-P, 29 AND 30 BOMMASANDRA- JIGANI LINK ROAD, INDUSTRIAL AREA, BANGALORE - 560 105

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…RESPONDENT (BY SRI. UDAYA HOLLA, SR. ADVOCATE FOR SRI. SUSHAL TIWARI N, ADVOCATE)

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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 ARBITRATE ALL DISPUTES ARISING BETWEEN THE PETITIONER AND RESPONDENT ARISING UNDER AND IN RELATION TO THE PRODUCT SUPPLY AGREEMENT ANNEXURE A DATED 24TH

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NC: 2025:KHC:41987 CMP No. 443 of 2024

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HC-KAR

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SEPTEMBER, 2022 (24.09.2022) CLAUSE 15 OF THE AGREEMENT.

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

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court seeking for the

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following reliefs:

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(a) Appoint a sole Arbitrator to arbitrate all disputes arising between the Petitioner and Respondent arising under and in relation to the Product Supply Agreement Annexure-A dated 24th September, 2022 (24.09.2022); in accordance with clause is of the agreement.

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(b) Grant costs of this petition to the Petitioner; and

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(c) Grant such other reliefs as the Hon'ble Court deems fit in the circumstances of the case in the interests of justice and equity.

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Both the counsels submit that the mediation having failed, a former judge of the Hon'ble Supreme Court of India could be appointed as sole arbitrator to arbitrate disputed parties.

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

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NC: 2025:KHC:41987 CMP No. 443 of 2024

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HC-KAR

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ORDER

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i) Hon'ble Justice Sri A.S. Bopanna, the former judge of the Hon'ble Supreme Court of India is appointed a sole arbitrator to arbitrate the dispute between the parties.

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ii) The Registrar (Judicial) is directed to forward a copy of this order to the Hon'ble Justice Sri. A.S. Bopanna and also at his home office.

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iii) The counsels and the parties shall appear before the Hon'ble Arbitrator, so appointed as the date and time fixed by the Hon'ble Arbitrator.

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iv) All contentions regarding arbitrability, jurisdiction are left open to be decided by the arbitrator.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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GJM

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List No.: 1 Sl No.: 37