Caterpillar Financial Services India Private Limited v. Vinod Yadav

ORDER A. The petition is allowed, Shri D. R. Venkatasudarshan, a retired District Judge, is appointed as the sole arbitrator to enter reference of the dispute between petitioner respondents and conduct the proceeding at Conciliation Centre [Domestic and International], Bengaluru according to Rules governing Conciliation Centre [Domestic International], Bengaluru.

B. The Registry is directed to communicate this order [through e-mail] to Conciliation Centre [Domestic and International], Bengaluru and Shri D. R. Venkatasudarshan, a retired District Judge, Address: No.103, 'Kasthurbha', 2nd Floor, Laxmi Paradise Apartment, 11th Cross, 5th Main, Laxminarayanapura, Bengaluru-560 [E-mail id:- drvenkatasudarshan@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

C. The submissions of the learned counsel for the petitioner that the addresses of the parties as mentioned in the cause title are also the current addresses of the parties is taken on record, and the

parties are directed to appear before the Director, the Arbitration and Conciliation Centre [Domestic and International], Bengaluru, on 05/10/2026 at

11.30 am.

Sd/- (B M SHYAM PRASAD) JUDGE

RB

e -e1e-eeeee e e ((((((((((((HC-KAR, NC:(2026:KHC:46466( CMP(No.(121(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010171262026(e ( e ( INATHEAHIGHACOURTAOFAKARNATAKAAATABENGALURUA e e THDATEDATHISATHEA27 ADAYAOFAAUGUST,A2026A e BEFOREAe e THEAHON'BLEAMR.AJUSTICEABAMASHYAMAPRASADA e CIVILAMISC.APETITIONANO.A121AOFA2026AA e BETWEEN:A e e A- CATERPILLAR-FINANCIAL-SERVICES-- e INDIA-PRIVATE-LIMITED- e A-COMPANY-INCORPORATED-AND-- e REGISTERED-UNDER-THE-- e COMPANIES-ACT,-1956- e HAVING-ITS-REGISTERED-OFFICE-AT- -e PRESENT-AT:-e GROUND-FLOOR,--eDigitally signed by PRESTIGE-SHANTINIKETAN,-- VANAMALA CRESCENT-1,-WHITEFIELD-ROAD-HOODI,-N e Location: WHITEFIELD,-BENGALURU,- HIGH BENGALURU-URBAN-KARNATAKA-560-048-COURT OF KARNATAKA - - …PETITIONER- (BY-SRI.-ANKIT-MALLYA,-ADVOCATE-FOR;- ------SRI.-THAKUR-RISHABH-RAJ.,-ADVOCATE)- - A A e e -e2e-eeeee e e ((((((((((((HC-KAR, NC:(2026:KHC:46466( CMP(No.(121(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010171262026( ( ( AND:A A 1.- VINOD-YADAV- S/O-RAMESH-CHANDRA-YADAV,- GRAM-MITTHANPUR,- POST-HALUHEDIKALAN,- MITHANPUR,-RAJGARH,- MADHYA,-PRADESH-465683- - 2.- RAKHI-YADAV- W/O-VINOD-YADAV,- GRAM-MITTHANPUR,- POST-HALUKHEDI-KALAN,-- TEHSIL-PACHORE,- SARANPUR,-RAJGARTH,- MADHYA-PRADESH--465683- …RESPONDENTS- (R1-&-R2-ARE-SERVED)- - THIS-CMP-IS-FILED-U/S.-11(6)-OF-ARBITRATION-AND- CONCILIATION- ACT- 1996,- PRAYING- TO- APPOINT- A- SOLE- ARBITRATOR- TO- RESOLVE- THE- DISPUTES- - AND- DIFFERENCES- AMOANGST- THE- PARTIES- IN- TERMS- OF- CLAUSE- 21- OF- THE- LOAN- AND- SECURITY- AGREEMENT- DATED- 29.09.2023- BEARING- NO.- 808-70003799- (ANNEXURE-–-B)-EXECUTED-BETWEEN-THE-PETITIONER- AND-THE-RESPONDENTS.- - THIS-PETITION,-COMING-ON-FOR-ADMISSION,-THIS- DAY,-ORDER-WAS-MADE-THEREIN-AS-UNDER:- e CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's case is that it has financed the purchase of a certain equipment by the respondents and that they have defaulted in repaying the loan. The petitioner asserts an agreement for arbitration which in its material part reads as under. "21.2 Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, interpretation, or termination thereof, shall be referred to and finally resolved by arbitration of a sole Arbitrator as per the provisions of Conciliation Act, 1996. The parties by mutual agreement have appointed and named the sole Arbitrator who shall be Mr. D. R. Venkatasudarshan, Dist. & Sessions Judge (Retd.), Bengaluru. The sole Arbitrator's consent is also obtained before appointment and therefore he can enter upon the reference the moment one of the parties approach him for interim measures/final award." The petitioner has also caused legal notice in terms of this agreement but the respondents, who remain absent even in the present proceedings, have not caused any reply. In the light of the afore, the following.