KNND ASSOCIATES PRIVATE LIMITED vs WOODKRAFT (INDIA) PRIVATE LIMITED
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60097
CMP No. 432 of 2026
CNR: KAHC010532582026
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. 432 OF 2026
BETWEEN:
KNND ASSOCIATES PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
KNND HOUSE 153-166/1
EAST END MAIN ROAD, J P NAGAR
BENGALURU-560078
EMAIL [email protected]
REP. BY ITS AUTHORIZED REPRESENTATIVE
MR N P RAVISHANKAR.
…PETITIONER
(BY MS. SANJANA RAO., ADVOCATE)
AND:
WOODKRAFT (INDIA) PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT NO.56
NEW TIMBERYARD LAYOUT, MYSORE ROAD
BANGALORE-560026
EMAIL [email protected]
REP. BY ITS MANAGING DIRECTOR.
…RESPONDENT
(BY SRI. RAKSHITH PAI, ADVOCATE FOR
SRI. MAYANK HEBBAR., ADVOCATE)
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60097
CMP No. 432 of 2026
CNR: KAHC010532582026
THIS CMP IS FILED UNDER SECTION 11(6) OF
ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO
APPOINT AN ARBITRATOR AS THIS HONBLE COURT MAY DEEM
FIT, AND REFER THE DISPUTES BETWEEN ORIGINAL WORK
ORDER BEARING NO. 2474 DATED 17.12.2021 THE PARTIES
TO ARBITRATION IN TERMS OF CLAUSE 6 OF THE WORK
ORDER AT ANNEXURE C.
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 Work Order dated 17.12.2021,
particularly in terms of Clause 6 thereof, produced at
Annexure-C.
2. The brief facts of the case are that the petitioner, M/s
KNND Associates Private Limited, was engaged by the
respondent, M/s Woodkraft (India) Private Limited, for
supply, installation, testing and commissioning of PAC
Lowside Works and receiving, storing, installation, testing
and commissioning of PAC High Side Work at Qualcomm
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60097
CMP No. 432 of 2026
CNR: KAHC010532582026
India Private Limited, Hyderabad, Telangana, for a total
value of Rs.9,06,00,000/-. Accordingly, the respondent
issued work orders and the petitioner executed the works
and raised running bills, which were periodically cleared by
the respondent. The works were completed and a
Completion Certificate was issued and accepted by the
parties and Qualcomm Data Centre. The petitioner raised
the final bill on 27.01.2024. Thereafter, on 08.04.2024,
the respondent called upon the petitioner to furnish the
Balance Confirmation Certificate, which was furnished on
10.04.2024. On 11.04.2024, the respondent shared its
ledger statement, to which the petitioner responded on
12.04.2024 pointing out that Invoice Nos.183, 190, 197,
368 and 494 were not reflected therein and called upon
the respondent to rectify the same. The petitioner
thereafter sought payment of the outstanding amount of
Rs.1,14,98,848/-. On 22.08.2024, the respondent
acknowledged the amount due and called upon the
petitioner to issue a Full and Final No Claim Certificate.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60097
CMP No. 432 of 2026
CNR: KAHC010532582026
Accordingly, the petitioner issued the same on
24.08.2024. However, despite the same, the respondent
failed to make payment, resulting in dispute between the
parties.
3. As the disputes arose between the parties, the
petitioner, invoking the arbitration clause contained in the
Work Order, issued a notice dated 28.05.2026, vide
Annexure-L, to the respondent under Section 21 of the
Act. The said arbitration clause 6 reads as under:
“6. GOVERNING LAW, DISPUTE RESOLUTION AND
JURISDICTION:
Any disputes arising out of this Contract shall be
mutually resolved amongst the Parties keeping in
mind the Project Timelines. In the event any dispute
is not resolved within the agreed timelines, the same
shall be referred to Arbitration of a Sole Arbitrator to
be appointed by mutual consent of the Parties. The
arbitration proceedings shall be conducted in
accordance with the provisions of the Indian
Arbitration and Conciliation Act, 1996 and statutory
amendments. The venue for arbitration shall be
Bengaluru. The arbitration proceedings shall be
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60097
CMP No. 432 of 2026
CNR: KAHC010532582026
conducted in the English language. The award passed
by the Arbitrator shall be final and binding on the
Parties. Both the Parties shall bear their respective
costs of the arbitration proceedings. Subject to the
foregoing, the courts at Bengaluru shall have
exclusive jurisdiction to entertain all disputes arising
out of this. Nothing shall preclude the FIRST PARTY
from seeking interim or injunctive relief, or both,
from any court having jurisdiction to grant such relief
with respect to any dispute in connection with which
a dispute notice has been served.”
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 has
submitted that, before invoking the arbitration clause
under Clause 6, there is a mechanism for redressal of the
dispute by mutual resolution among the parties. It is
contended that, before reconciliation of the matter, the
petitioner has approached this Court and, therefore, the
present petition is not maintainable. He further contended
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60097
CMP No. 432 of 2026
CNR: KAHC010532582026
that the respondent has not admitted any amount and has
disputed the amount claimed by the petitioner. The mutual
resolution claimed by the petitioner is only in respect of
the matter which is pending before the IBC and, therefore,
the same cannot be treated as reconciliation of the dispute
between the parties.
6. Heard. Perused the petition papers.
7. It is not in dispute that the parties have entered into
a Work Order dated 17.12.2021. It is also not in dispute
that there is an arbitration clause in the said work order. It
is also not in dispute that there is a dispute between the
parties regarding payment of service charges. In the said
arbitration clause, there is a precondition that, if any
dispute arises between the parties, the same has to be
resolved by mutual resolution. The petitioner has produced
the email communication between the parties at
Annexure-K, which shows that the parties have tried to
reconcile the matter, but the same has failed. Therefore,
the petitioner has approached this Court under Section 11
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60097
CMP No. 432 of 2026
CNR: KAHC010532582026
of the Arbitration and Conciliation Act, seeking
appointment of a sole arbitrator.
8. Having regard to the existence of the arbitration
clause contained in the Work Order, 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.
9. Accordingly, the following:
ORDER
a) Civil Miscellaneous Petition is allowed .
b) Sri S.R.Somasekhara, retired District Judge, 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,
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
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HC-KAR
NC: 2026:KHC:60097
CMP No. 432 of 2026
CNR: KAHC010532582026
as per the Rules governing the said Arbitration
Centre.
c) All the claims and contentions of the parties are
left open.
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 the sole
Arbitrator.
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
HA
LIST NO.: 1 SL NO.: 23