M/S Excellent Industries Vs M/S Vikrash Excellent India

M/S EXCELLENT INDUSTRIES REP. BY ITS PROPRIETOR MR. RICHARD PAUL MONTERIO, HAVING THEIR REGISTERED OFFICE AT: NO.1099/A, CHENNAPPA COMPLEX, 10^TH CROSS, H.B.R. LAYOUT, 1^ST STAGE, 2^ND BLOCK, KALYANA NAGAR, BENGALURU - 560 043.

¶10

…PETITIONER

¶11

(BY SMT. NIDHI M. PATIL, ADVOCATE)

¶12

AND:

¶13

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

¶14

M/S VIKARSH EXCELLENT INDIA PRIVATE LIMITED HAVING OFFICE AT: S.NO.25 OFFICE NO.5 AND 6, VIJAYA CHAMBERS, SINHAGAD ROAD, HINGNE KHURD, PUNE, MAHARASTRA - 411 051.

¶15

ALSO AT: NO.418, NARAYANA PETH, FLAT NO.1-A, NAUDLA HOUSING SOCIETY, 4^TH FLOOR, BEDEKAR MISAL PUNE, MAHARASTRA - 411 038.

¶16

ALSO AT: GAT-268/7, DHANGARWADI VILLAGE, KHANDALA TALUK, SHIRWAL,

¶17

2 - NC: 2026:KHC:14764 CMP NO.402 OF 2024

¶18

HC-KAR

¶19

SATARA DISTRICT, MAHARASTRA - 412 801. REP. BY ITS DIRECTOR LAXMIKANT TRIVEDI.

¶20

M/S VIKARSH STAMPINGS INDIA PVT. LTD. HAVING OFFICE AT: S. NO.25. OFFICE NO.5 AND 6, VIJAYA CHAMBERS, SINHAGAD ROAD, HINGNE KHURD, PUNE, MAHARASHTRA - 411 051.

¶21

ALSO AT: GAT-269/7, DHANGARWADI VILLAGE, KHANDALA TALUK, SHIRWAL, SATARA DISTRICT, MAHARASHTRA 412801 REP. BY ITS DIRECTOR LAXMIKANT TRIVEDI.

¶22

LAXMIKANT NATHURAM TRIVEDI DIRECTOR OF M/S VIKARSH EXCELLENT INDIA PRIVATE LIMITED, ONE OF DIRECTORS OF M/S VIKARSH STAMPINGS INDIA PVT. LTD. BEARING DIN NO.00217889, HAVING OFFICE AT: S.NO.25, OFFICE NO.5 AND 6, VIJAYA CHAMBERS, SINHAGAD ROAD, HINGNE KHURD, PUNE MAHARASHTRA - 411 051.

¶23

MR. RAKESH MOTILAL SHARMA ADDITOINAL DIERCTOR M/S VIKARSH EXCELLENT INDIA PVT. LTD. BEARING DIN NO.01824199, HAVING OFFICE AT: S.NO.25, OFFICE NO.5 AND 6, VIJAYA CHAMBERS, SINHAGAD ROAD HINGNE KHURD, PUNE MAHARASTRA - 411 051.

¶24

3 -

¶25

NC: 2026:KHC:14764 CMP NO.402 OF 2024

¶26

HC-KAR

¶27

DHRUV RAKESH SHARMA ADDITIONAL DIRECTOR OF M/S VIKARSH STAMPINGS INDIA PVT. LTD., BEARING DIN NO.08542398, HAVING OFFICE AT: S.NO.25, OFFICE NO.5 AND 6, VIJAYA CHAMBERS, SINHAGAD ROAD HINGNE KHURD, PUNE. MAHARASTRA - 411 051.

¶28

…RESPONDENTS

¶29

(NOTICE TO R2 AND R3 - SERVED; V/O DATED 19.02.2026, NOTICE TO R1, R4 AND R5 IS HELD SUFFICIENT)

¶30

THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 2019 PRAYING TO INVOKE THE ARBITRATION CLAUSE AT CLAUSE 16 OF THE BUSINESS TRANSFER AGREEMENT DATED 15^TH SEPTEMBER, 2021 VIDE ANNEXURE-A AND CONFIRM THE APPOINTMENT OF HON'BLE MR. JUSTICE N. KUMAR (FORMER JUDGE, KARNATAKA HIGH COURT) UNDER THE AEGIS OF THE ARBITRATION CENTRE-KARNATAKA (DOMESTIC AND INTERNATIONAL), BENGALURU AS THE SOLE ARBITRATOR OR ANY OTHER SUITABLE PERSON FOR ADJUDICATION OF THE CLAIMS OF THE PARTIES.

¶31

THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

¶32

ORAL ORDER

¶33

This petition is filed under Section 11(5) of the Arbitration

¶34

and Conciliation Act, 1996 seeking an appointment of Sole Arbitrator in terms of Clause 16 of the Business Transfer Agreement dated 15^th September, 2021 (Annexure-A) entered into between the parties.

¶35

4 - NC: 2026:KHC:14764 CMP NO.402 OF 2024

¶36

HC-KAR

¶37

Heard Smt. Nidhi M. Patil, learned counsel

¶38

appearing for the petitioner. Respondents 2 and 3 are served and remained absent.

¶39

Having heard the learned counsel appearing for the parties, I have carefully perused Clause 16 of the Business Transfer Agreement dated 15^th September, 2021 (Annexure-A), which provides for dispute resolution through an Arbitrator. In that view of the matter, I am of the view that, a retired District Judge be appointed as Arbitrator to resolve the dispute between the parties.

¶40

Therefore, Sri. Bailur Shankar Rama, District Judge (Retired) is appointed as an Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

¶41