- 1 - NC: 2025:KHC-K:2548 CMP No. 200004 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL MISC PETITION NO.200004 OF 2024 BETWEEN: M/S. LC INFRA PROJECTS PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 409, ISCON ELEGANCE NR. JAIN TEMPLE, PRAHLADNAGAR CROSS ROAD, S.G. HIGHWAY, AHMEDABAD 380 015, REPRESENTED BY ITS AUTHORIZED SIGNATORY, SRI PIYUSH VASHRAM RAGHVANI S/O VASHRAM AGED ABOUT 32 YEARS. …PETITIONER (BY SRI C.R.RAGHAVENDRA AND SRI. GOPALKRISHNA B.YADAV, ADVOCATE) AND: EXECUTIVE ENGINEER, KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, DIVISION KALABURAGI, OPP: MINI VIDHAN SOUDHA, AIWANI-E-SHAHI ROAD, KALABURAGI – 585 102. …RESPONDENT (BY SRI CHAITANYAKUMAR C.M., ADVOCATE) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2548 CMP No. 200004 of 2024 THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, TO DIRECT THE PETITIONER’S AND RESPONDENT’S ARBITRATOR TO CHOOSE THE 3RD PRESIDING ARBITRATOR, PREFERABLE ANY RETIRED SUPREME COURT JUDGE, TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT IN RELATION TO AGREEMENT DATED 13.10.2016 (ANNEXURE-A) AND AGREEMENT DATED 18.08.2018 (ANNEXURE-B) AND ETC. THIS CIVIL MISCELLANEOUS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned senior counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. This petition is filed with a prayer to appoint an arbitrator to resolve the dispute between the petitioner and the respondent. - 3 - NC: 2025:KHC-K:2548 CMP No. 200004 of 2024 3. The existence of arbitration agreement is not in dispute. The fact that the cause of action arisen to refer the dispute for arbitration is also not in dispute. Since clause-5 of the contract entered into between the parties provides for three member arbitration Tribunal. 4. Learned senior counsel appearing on behalf of the petitioner has suggested the name of Justice Sri P.Krishna Bhat, retired Judge of High Court of Karnataka to be one of the Arbitrators and the learned counsel appearing for the respondent suggested the name of retired Lt. Col. L. Shri Harsha, as the second Arbitrator. Clause-5 of the arbitration agreement provides that the two Arbitrators suggested by the parties shall appoint third arbitrator. 5. Under these circumstances, the submission of both learned senior counsel and the learned counsel for the respondent are placed on record. 6. Sri P.Krishna Bhat, retired High Court Judge of this Court is appointed as one of the Arbitrators and retired Lt. Col. L. Shri Harsha is appointed as the second Arbitrator. Said - 4 - NC: 2025:KHC-K:2548 CMP No. 200004 of 2024 Arbitrators appointed by this Court shall appoint the presiding third Arbitrator as contemplated under law. 7. It is also noticed that the clause in the arbitration agreement provides for appointment of third Arbitrator by the respondent in case, there is no consensus between the Arbitrators appointed by the Court in the appointment of the third arbitrator. 8. Learned counsel for the respondent fairly submits that in case disagreement between the learned Arbitrators appointed by this Court in choosing the third Arbitrator, either of the parties will approach this Court as the clause enabling the respondent to appoint the third Arbitrator is invalid in terms of the ratio of the Apex Court in Central Organization for Railway Electrification Vs. ECI-SPIC-SMO-MCML (JV), (2020) 14 SCC 712. 9. In case, there is no consensus between the learned Arbitrators in choosing the third Arbitrator, the parties are at liberty to approach this Court for appointment of the third Arbitrator. - 5 - NC: 2025:KHC-K:2548 CMP No. 200004 of 2024 10. Hence, the following: ORDER (i) The petition is allowed in part; (ii) Sri P.Krishna Bhat, retired High Court Judge of this Court and retired Lt. Col. L. Shri Harsha are appointed as the arbitrators to resolve the dispute between the petitioner and the respondent; (iii) The aforementioned Arbitrators appointed by this Court shall appoint the presiding third Arbitrator as contemplated under law. Thereafter, the proceedings shall commence in accordance with law; iv) Registry shall send the copy of this order to the learned Arbitrators appointed by this Court. Sd/- (ANANT RAMANATH HEGDE) JUDGE BL List No.: 1 Sl No.: 51