AMAZON SELLER SERVICES PRIVATE LIMITED vs MA ENTERPRISES

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:61545
CMP No. 220 of 2024


CNR: KAHC010255572024




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

CIVIL MISC. PETITION NO. 220 OF 2024

BETWEEN:

AMAZON SELLER SERVICES PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
8TH FLOOR BRIGADE GATEWAY
WORLD TRADE CENTRE, 26/1
DR RAJKUMAR ROAD, MALLESHWARAM (W)
BENGALURU - 560055
REP. BY ITS AUTHORISED SIGNATORY
MR. RAHUL NARAYANAN
…PETITIONER
(BY SRI. NIKHIL JOY., ADVOCATE)










AND:

MA ENTERPRISES
HAVING ITS OFFICE AT 124
VAIDHYALINGAM ROAD ZAMIN PALLAVARAM
KANCHIPURAM, CHENNAI TAMIL NADU - 600043
ALSO AT 9/13, KAMARAJ NAGAR
RD
3 STREET, DHARGA COLONY ZAMIN
PALLAVARAM CHENNAI, TAMIL NADU- 600004
THROUGH ITS PROPRIETOR
MR RAJA MOHAMMED AVULIA
…RESPONDENT
(V/O DATED: 08.10.2026 SERVICE OF NOTICE TO
RESPONDENT IS SERVED AND UNREPRESENTED)


THIS CMP IS FILED UNDER SECTION 11(4) AND 111(6)
OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:61545
CMP No. 220 of 2024


CNR: KAHC010255572024


TO APPOINT THE SECOND ARBITRATOR, WITH DIRECTIONS
TO THE SAID TWO ARBITRATORS, I.E., SHRI. VEERANNA
TIGADI, HON’BLE (RETIRED DISTRICT & SESSIONS JUDGE)
OFFICE AT NO/27, D BLOCK INLAND EVERGLADES
APARTMENT, DASARAHALLI MAIN ROAD, HEBBAL,
BANGALORE-560024 AND THE ARBITRATOR AS APPOINTED BY
THIS HON’BLE COURT TO FURTHER APPOINT THE PRESIDING
THIRD ARBITRATOR, SO AS TO CONSTITUTE THE THREE
MEMBER ARBITRAL TRIBUNAL IN TERMS OF THE
ARBITRATION CLAUSE/ARTICLE 9.2 OF THE MSA-I
(ANNEXURE-B (“COLLY”) DATED: 01.04.2019 AND MSA-II
(ANNEXURE-C(“COLLY”)) DATED: 01.04.2020, TO ADJUDICATE
THE CLAIMS AND DISPUTES BETWEEN THE PARTIES.
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 three Arbitrators for
adjudication of the disputes that have arisen between the
parties under the Master Service Agreement-I dated
01.04.2019 (Annexure-B Colly) and Master Service
Agreement-II (Annexure-C Colly) dated 01.04.2020
particularly in terms of Clause 9.2 thereof.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:61545
CMP No. 220 of 2024


CNR: KAHC010255572024



2. The brief facts of the case are that the petitioner is a
company incorporated under the provisions of the
Companies Act, 1956, engaged in the business of e-
commerce. The respondent is engaged in the business of
providing scrap management and disposal services, inter
alia, involving the collection of waste materials of various
categories and their disposal in accordance with the
applicable laws. In this regard, the parties entered into a
Master Service Agreement-I dated 01.04.2019 (Annexure-
B). Upon expiry of the term of the said Agreement, the
parties subsequently entered into Master Service
Agreement-II dated 01.04.2020 (Annexure-C). Thereafter,
disputes arose between the parties in relation to the
aforesaid Agreements.


3. As the disputes arose between the parties, the
petitioner, invoking the arbitration clause contained in the
Agreement, issued a notice dated 09.11.2022, vide
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:61545
CMP No. 220 of 2024


CNR: KAHC010255572024


Annexure-G, to the respondent under Section 21 of the
Act. The said arbitration clause 9.2 reads as under:
“ 9.2 Governing Law/ Venue. This Agreement is
governed by the laws of India, excluding its conflicts
of law rules. All disputes and differences arising out
of or in connection with this Agreement, if not
resolved within fifteen (15) days through discussion
between the Parties, shall be referred to the
arbitration of three (3) arbitrators, one (1)
nominated by each Party, and the third (the
presiding arbitrator) appointed by the two (2)
arbitrators so nominated. The decision and award
determined by such arbitration will be final and
binding upon the Parties. The Arbitration shall be
conducted in accordance with the provisions of the
Arbitration Conciliation Act, 1996, as may be in force
from time to time. The arbitration proceedings shall
be conducted in English and the venue of the
arbitration shall be Bangalore. The arbitrators shall
pass a reasoned award in writing within four (4)
months of the date of the appointment of the
presiding arbitrator.”

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:61545
CMP No. 220 of 2024


CNR: KAHC010255572024



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. The learned counsel for the petitioner submits that,
although the arbitration clause provides for reference of
the disputes to a three-member Arbitral Tribunal, having
regard to the nature of the disputes, a Sole Arbitrator may
be appointed for the adjudication of the dispute.


6. Notice issued by this Court has been duly served
upon the respondent. However, there is no representation
on behalf of the respondent.


7. Having regard to the existence of the arbitration
clause contained in the Agreements, 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
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:61545
CMP No. 220 of 2024


CNR: KAHC010255572024


required to be appointed for adjudication of the disputes
between the parties.


8. Accordingly, the following:
ORDER

a) Civil Miscellaneous Petition is allowed .


b) Sri.Mohan S Sankolli, 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,
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 learned
Arbitrator.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:61545
CMP No. 220 of 2024


CNR: KAHC010255572024



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 15.12.2026 at 11:30 a.m.


Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

(H.T. NARENDRA PRASAD)
JUDGE





DM
LIST NO.: 1 SL NO.: 28