Phasorz Technologies Private Limited v. Vakrangee Digital Ventures Limited

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 214 OF 2026 BETWEEN:

PHASORZ TECHNOLOGIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 4B, 03RD CROSS STREET RAJARAJESWARI NAGAR, MADIPAKKAM CHENNAI 600 091. AND CORPORATE OFFICE AT 06TH FLOOR, TOWER-C, IBC KNOWLEDGE PARK 4/1 BANNERGHATTA ROAD, BANGALORE-560 029. REP. BY ITS DIRECTOR MR. ENBASEKAR D. …PETITIONER (BY SMT. DEEPTHI C R, ADVOCATE FOR SRI. PINAZ MEHTA., ADVOCATE) AND:

VAKRANGEE DIGITAL VENTURES LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT PLOT NO. 93, 06TH FLOOR MAROL INDUSTRIAL AREA MIDC ROAD NO. 16, NEAR SUN CITY HOTEL ANDHERI EAST, MUMBAI 400 093 REP. BY ITS AUTHORISED SIGNATORY …RESPONDENT (SERVED)

Location: HIGH COURT OF KARNATAKA

THIS CMP IS FILED U/S. 11(6) OF ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTES BETWEEN THE PETITIONER AND RESPONDENT IN TERMS OF CLAUSE 20 OF THE MEMORANDUM OF UNDERSTANDING DATED 18.01.2022 (ANNEXURE A) AND ETC.

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

¶1This 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 dispute between the petitioner and the respondent.

¶2The petitioner is a company incorporated under the provisions of the Companies Act, 1956, and is engaged in business of providing wellness and healthcare services including online doctor consultations, lab test bookings, medicine delivery and health check ups. The respondent is a company incorporated under the provisions of the Companies Act, 1956, and is engaged in business of operating franchise outlets called Vakrangee Kendras, for

banking, government and digital services and basic retail and e-commerce access while earning through commissions and service fees. The parties subsequently entered into a Memorandum of Understanding dated

18.01.2022 (for short 'Agreement') to sell the petitioner's products and services through the respondent's website. The said Agreement contains an arbitration clause, namely, Clause 20, which reads as under: "20. Jurisdiction and Dispute resolution This agreement shall be governed by the laws of India and the Parties submit to the exclusive jurisdiction of the Courts in Bangalore. In the event of any dispute between the Parties in connection with or arising out of this agreement, the Parties shall first endeavor to co-operate to resolve the dispute or controversy by mutual consultation and agreement. In the event that the dispute or event is not resolved by mutual consultation and agreement, the same shall be referred to the arbitration according to the provisions of the Arbitration and Conciliation Act, 1996. The Parties shall appoint one arbitrator each who shall in turn jointly appoint the third arbitrator.

The decision of the arbitral panel shall be final and binding on both the parties. The venue of Arbitration shall be Bangalore and Language shall be English."

¶3Since disputes arose between the parties, the petitioner issued a notice dated

16.03.2026 vide Annexure-G to the respondent in terms of Section 21 of the Act invoking the arbitration clause. The respondent replied to the said notice vide Annexure-J dated

27.03.2026, which is only a preliminary reply to the notice and stated therein that a proper response would be furnished on or before 10.04.2026. Even after expiry of the said date, the respondent has not furnished any reply. Hence, the petitioner has filed the present petition.

¶4Notice issued by this Court has been duly served upon the respondent. Despite service of notice, none appears on behalf of the respondent.

¶5In view of the above, and having regard to the existence of the arbitration clause contained in Clause-20

of the Agreement dated 18.01.2022, this Court is of the opinion that a Sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. Accordingly, the following: ORDER a) Petition is allowed.

b) Hon'ble Mr.Justice A.V.Chandrashekar, Former Judge, High Court of Karnataka, is appointed as the Sole Arbitrator in the present case to arbitrate the dispute 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 kept 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 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.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

DM LIST NO.: 1 SL NO.: 15