QIKWELL TECHNOLOGIES INDIA v. SMILES INSTITUTE OF GASTROENTEROLOGY LLP

(BY SRI. ADITYA CHATTERJEE., ADVOCATE) AND:

SMILES INSTITUTE OF GASTROENTEROLOGY LLP A LIMITED LIABILITY PARTNERSHIP CONCERN REG. UNDER THE LIMITED LIABILITY PARTNERSHIP ACT OF 2008 HAVING THEIR REGISTERED ADDRESS AT NO.438, 8TH CROSS, 5TH MAIN RMV II STATE DOLLARS COLONY BENGALURU-560094 …PETITIONER …RESPONDENT (RESPONDENT SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO ARBITRATE ANY AND ALL DISPUTES AND DIFFERENCES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT IN RESPECT OF THE SERVICES AGREEMENT DATED 1.12.2022 ENTERED BETWEEN THE PARTIES, AS PER THE ARBITRATION AGREEMENT CONTAINED IN CLAUSE 7(E) THEREIN (PRODUCED HEREWITH AT ANNEXURE-D) AND ETC. RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:51534 CMP No. 566 of 2024 HC-KAR THIS PETITION, COMING ON FOR ORDERS, 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 arbitrate any and all disputes and differences that have arisen between the Petitioner and the Respondent in respect of the Services Agreement dated 01 December 2022 entered into between the Parties, as per the arbitration agreement contained in Clause 7(e) therein (produced herewith at Annexure D); B) Grant costs of this petition to the Petitioner; and 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.

A Service Agreement dated 01.12.2022 has been entered into between the petitioner and respondent. The same is governed by an arbitration clause in terms of Clauses 7(e) and 7(f) thereof, which are reproduced hereunder for easy reference. 7e) Dispute Resolution: In case of any dispute or differences arising out of this Agreement, each Party may as soon as practicable give to other Party notice in writing of the existence of such questions or disputes specifying its nature and the point of issue. If the Parties cannot resolve - 3 - NC: 2025:KHC:51534 CMP No. 566 of 2024 HC-KAR the matters by a mutually acceptable solution within 15 (fifteen) business days, the said dispute or difference shall be referred to and settled by arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The Parties shall jointly appoint a sole arbitrator and arbitration proceedings shall be held in Bangalore and the language of arbitration shall be English. 7f) Governing Law and Jurisdiction: This Agreement shall be governed and interpreted by and construed in accordance with the laws of India, and the courts of Bangalore shall have exclusive jurisdiction in respect of all matters relating to or arising out of this Agreement.

Disputes having arisen between the parties, the petitioner, vide notice dated 29.05.2024, invoked the arbitration clause and appointed an arbitrator. The said notice, though served on the respondent, the respondent chose not to reply to the same.

Notice having been issued to the respondent, respondent though served, has not entered appearance. In the meanwhile, the petitioner had filed a proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 in Commercial A.A.No.287/2024 where the respondent was served - 4 - NC: 2025:KHC:51534 CMP No. 566 of 2024 HC-KAR and entered appearance through a counsel and filed his objection contending that one other agreement is a created / forged document. Be that as it may, the respondent though served has chosen to be unrepresented in the proceedings.

The agreement between the parties being governed by an arbitration clause as indicated supra, Section 21 notice issued by the petitioner being proper manner and served on the respondents, the aspect of whether the agreement is created or not is to be determined by the arbitrator so appointed. As such, I pass the following: i) ii) ORDER CMP is allowed. Sri. Basavaraj S. Tadahal, a former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties under - 5 - NC: 2025:KHC:51534 CMP No. 566 of 2024 HC-KAR the aegis of the Arbitration Centre attached to this Court. iii) Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv) Petitioner shall remain present before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 12.01.2026. v) All contentions are left open. vi) Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 46