ADM SOLAR POWER AND INFRASTRUCTURE PVT LTD., vs ZETWERK MANUFACTURING BUSINESSES PVT LTD.,
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60023
CMP No. 711 of 2025
CNR: KAHC010791792025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
CIVIL MISC. PETITION NO. 711 OF 2025
BETWEEN:
ADM SOLAR POWER AND
INFRASTRUCTURE PVT LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 2013
22/1, THE PRINTERS HOUSE PVT. LTD.
MATHURA ROAD, SIKRI INDUSTRIAL AREA
FARIDABAD - 121004.
REP. HEREIN BY ITS AUTHORIZED SIGNATORY
MR. MOHIT YADAV, DIRECTOR.
…PETITIONER
(BY SRI. VIPIN UPADHYAY., ADVOCATE)
AND:
ZETWERK MANUFACTURING BUSINESSES PVT LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 2013
401, 4TH FLOOR, VITTHAL VILLA
SATADHAR CROSS, SOLA ROAD
GHATLODIA, AHMEDABAD 380061.
ALSO AT
84/1, VAISHNAVI SOVEREIGN
GREEN GLEN LAYOUT, BELLANDUR
BENGALURU - 560102.
…RESPONDENT
(BY SRI. ARVIND KRISHNA G, ADVOCATE FOR
SMT. SAHANA DEVANATHAN., ADVOCATE)
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60023
CMP No. 711 of 2025
CNR: KAHC010791792025
THIS CMP IS FILED UNDER SECTION 11(6) OF
ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO
REFER THE DISPUTE TO ARBITRATION BY APPOINTING
HON’BLE MR. JUSTICE (RETD.) SREENIVAS HARISH KUMAR TO
CONDUCT THE ARBITRATION, IN TERMS OF CLAUSE 18(B) AND
18(C) OF ANNEXURE B OF THE AGREEMENT/ PURCHASE
ORDER DATED 11.10.2024, AND EXECUTED ON 29.11.2024 TO
ADJUDICATE THE DISPUTE ARISING OUT OF THE
AGREEMENT/ PURCHASE ORDER DATED 11.10.2024 IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. This petition is filed under Section 11(6) of the
Arbitration and Conciliation Act, 1996 (for short, “the
Act”), seeking appointment of a sole Arbitrator for
adjudication of the disputes that have arisen between the
parties under the Purchase Order/Agreement dated
11.10.2024 executed on 29.11.2024, particularly in terms
of Clause 18(b) and (c) thereof, produced at Annexure-B.
2. The brief facts of the case are that the respondent, a
manufacturing company, approached the petitioner, an
expert in renewable energy, on 10.10.2024 in connection
with the proposed 1200 MW Solar Project at Khavda,
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60023
CMP No. 711 of 2025
CNR: KAHC010791792025
Kachchh, Gujarat. Thereafter, a Purchase
Order/Agreement dated 11.10.2024 was executed on
29.11.2024 (Annexure-B). Subsequently, disputes arose
between the parties in relation to the said Purchase
Order/Agreement.
3. As the disputes arose between the parties, the
petitioner, invoking the arbitration clause contained in the
Purchase Order/Agreement, issued a notice dated
03.11.2025 vide Annexure-K, to the respondent under
Section 21 of the Act. The said arbitration clause 18 reads
as under:
“ 18. Dispute Resolution
a) In the event of any dispute arising out of or in
connection with this Contract, the parties shall first
seek to resolve the dispute amicably through mutual
consultation.
b) If the dispute cannot be resolved amicably within
thirty (30) days, it shall be referred to arbitration in
accordance with the Arbitration and Conciliation Act,
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60023
CMP No. 711 of 2025
CNR: KAHC010791792025
1996, as amended from time to time. The arbitration
shall take place in Bengaluru, India, and the
language of arbitration shall be English.
c) The arbitral tribunal shall consist of a sole
arbitrator appointed by mutual consent of the
parties. If the parties fail to agree on the
appointment of the arbitrator within fifteen (15) days
from the date of reference to arbitration, either party
may apply to the competent court to appoint an
arbitrator.
d) The parties shall bear their own costs and
expenses of the arbitration, and the costs of the
arbitrator shall be shared equally between the
parties, unless otherwise awarded by the arbitrator.”
4. Despite service of the said notice, the respondent did
not furnish any response. Hence, the present petition is
filed seeking appointment of a sole Arbitrator.
5. Learned counsel appearing for the respondent
submits that no dispute survives between the parties and,
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60023
CMP No. 711 of 2025
CNR: KAHC010791792025
therefore, the petition seeking appointment of an
Arbitrator is not maintainable. It is contended that, as
borne out by the pleadings in the petition, the petitioner
has already settled the dispute by paying a sum of
Rs.12,25,00,214/- on 07.03.2025. In view of the alleged
settlement, it is submitted that there is no occasion for the
petitioner to invoke the arbitration clause contained in the
Purchase Order/Agreement.
6. Per contra, learned counsel appearing for the
petitioner submits that, apart from the dispute relating to
the invocation of the bank guarantee, there are other
disputes in respect of the products manufactured by the
respondent. It is further submitted that the products were
destroyed owing to delays in the process between the
parties. According to the learned counsel, these disputes
remain unresolved and require adjudication by the Arbitral
Tribunal.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60023
CMP No. 711 of 2025
CNR: KAHC010791792025
7. Heard the learned counsel for the parties. Perused
the petition papers.
8. The contention of the learned counsel for the
respondent that the petitioner has already paid a sum of
Rs.12,25,00,214/- on 07.03.2025 and settled the dispute,
and therefore, no disputes survive between the parties,
cannot be conclusively determined in the present
proceedings. The petitioner, on the other hand, has
asserted that apart from the dispute relating to the bank
guarantee, other disputes concerning the products
manufactured by the respondent and their destruction
remain unresolved. In view of the rival contentions, this
Court is of the opinion that the nature and extent of the
disputes that survive between the parties are matters to
be considered by the learned Arbitrator in accordance with
law.
9. Therefore, having regard to the existence of the
arbitration clause contained in the Purchase
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60023
CMP No. 711 of 2025
CNR: KAHC010791792025
Order/Agreement, which provides for resolution of
disputes arising between the parties, and the fact that the
petitioner has duly invoked the said arbitration clause by
issuing notice under Section 21 of the Act, this Court is of
the opinion that a Sole Arbitrator is required to be
appointed for adjudication of the disputes between the
parties.
10. Accordingly, the following:
ORDER
a) Civil Miscellaneous Petition is allowed .
b) Hon’ble Mr.Justice B.A.Patil, Former Judge, High
Court of Karnataka, is appointed as the Sole
Arbitrator in the present case to arbitrate the
disputes between the parties at the Arbitration
and Conciliation Centre (Domestic &
International), Bengaluru, as per the Rules
governing the said Arbitration Centre.
c) All the claims and contentions of the parties are
left open.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60023
CMP No. 711 of 2025
CNR: KAHC010791792025
d) Registry is directed to communicate this order
via e-mail to the Arbitration and Conciliation
Centre (Domestic & International), Khanija
Bhavan, Bengaluru, and also to Hon’ble
Mr.Justice B.A.Patil .
e) Registry is directed to return all the original
documents produced by any of the parties after
obtaining Photostat copies of the same.
f) Parties are directed to appear before the
Director, Arbitration and Conciliation Centre,
Bengaluru, on 30.11.2026 at 11:30 a.m.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
(H.T. NARENDRA PRASAD)
JUDGE
DM
LIST NO.: 1 SL NO.: 15