Karnataka High Court
Cardolite Speciality Chemicals India ... vs Transmarine Cargo Services Private ... on 16 April, 2026
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NC: 2026:KHC:20754
CMP No. 757 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
CIVIL MISC. PETITION NO. 757 OF 2025
BETWEEN:
CARDOLITE SPECIALITY CHEMICALS INDIA LLP
AN ESTABLISHMENT REGISTERED UNDER THE
LIMITED LIABILITY PARTNERSHIP ACT 2008 AND
HAVING ITS OFFICE AT PLOT IP-1 AND 2
MANAGALORE SPECIAL ECONOMIC ZONE PAILA
BAJPE VILLAGE AND POST MANAGALORE - 574 142
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE MR. DICAKAR KADRI
...PETITIONER
(BY SRI. VIKHAR AHMED B., ADVOCATE)
AND:
TRANSMARINE CARGO SERVICES PRIVATE LIMITED
Digitally signed A COMPANY INCORPORATED UNDER
by CHAYA S A THE INDIAN COMPANIES ACT, 1956
Location: HIGH
COURT OF AND HAVING ITS OFFICE AT
KARNATAKA T303/T304, D NO. 1-N-5-391/34/35
3RD FLOOR, "PAM ARCADE"
KULURU FERRY ROAD KOTTAR,
MANAGALORE 575006
...RESPONDENT
(Notice to respondent held sufficient
vide order dated 16.04.2026)
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NC: 2026:KHC:20754
CMP No. 757 of 2025
HC-KAR
THIS CMP FILED U/S.11(6) OF ARBITRATION AND
CONCILIATION ACT, 1996 PRAYING TO APPOINT AN
ARBITRATOR TO RESOLVE THE DISPUTES AND DIFFERENCES
AMONGST THE PARTIES IN TERMS OF CLAUSE 11 OF THE
FREIGHT FORWARDING AGREEMENT DATED 1.01.2025 VIDE
ANNEXURE - B EXECUTED BETWEEN THE PETITIONER AND THE
RESPONDENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the petitioner. Notice to the respondent held sufficient.
2. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator based on Clause-11 of the Freight Forwarding Agreement dated 01.01.2025 (Annexure-B). -3-
NC: 2026:KHC:20754 CMP No. 757 of 2025 HC-KAR
3. Having taken note of the submissions made by the learned counsel appearing for the petitioner, I am of the view that, as the dispute has arisen with regards to the rights of the parties concerned, I am of the opinion that the petition requires to be accepted under Section 11 of the Arbitration and Conciliation Act, 1996.
4. Sri.Radhakrishna Holla.K., Retired District Judge be appointed as an Arbitrator to resolve the dispute between the parties in terms of the Clause-11 of the Freight Forwarding Agreement produced at Annexure-B to the petition.
5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.
6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru to proceed further in the matter. -4-
NC: 2026:KHC:20754 CMP No. 757 of 2025 HC-KAR
7. Registry is directed to return the original documents if any, produced by the parties, after obtaining photo-stat copy of the same.
Accordingly, Civil Miscellaneous Petition is disposed of.
SD/-
(E.S.INDIRESH) JUDGE DH List No.: 2 Sl No.: 3