- 1 - NC: 2025:KHC:4254 WP No. 1627 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 1627 OF 2019 (GM-KEB) BETWEEN: M/S PENA POWER ENGINEERING AND AUTOMATION PVT LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT #333, DURGA GROUND FLOOR, 5TH MAIN, 19TH CROSS, BEML LAYOUT, BASAVEHSWARANAGAR, BENGALURU-560009, ACTING THROUGH ITS DIRECTOR AND AUTHORISED SIGNATORY, MR.VENKATESH P NAYAK. …PETITIONER (BY SRI NITYANAND V NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF ENERGY ROOM NO.236, 2ND FLOOR, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560001, REP. BY ITS PRINCIPAL SECRETARY. 2. BANGALORE ELECTRICITY SUPPLY COMPANY LTD. REP. BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R.CIRCLE, BANGALORE-560001. 3. GENERAL MANAGER(ELE), BANGALROE ELECTRICITY SUPPLY COMPANY LTD., DSM, CORPORATE OFFICE, Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4254 WP No. 1627 of 2019 BESCOM, KR CIRCLE, BANGALORE-560001. …RESPONDENTS (BY SRI M RAJKUMAR, AGA FOR R1, SMT SUMANA NAGANAND, ADV. FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER CUM TERMINATION NOTICE DATED 22.12.2018 TERMINATING THE DETAILED WORK AWARD (ADWA)-01-18, FORFEITING THE BANK GUARANTEE, RECOVERING THE UNASSESSED LOSS FROM THE LIQUIDATED DAMAGES, IMPOSING PENALTY AND BLACKLISTING THE PETITIONER FOR ONE YEAR VIDE ANNEX-A ISSUED BY R-3. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for respondents No.2 and 3. 2. Petitioner is challenging the order of termination dated 22.12.2018 marked at Annexure - A. The said order of termination is issued by 3rd respondent and he has also sought a declaration that invoking of bank guarantee of respondents pursuant to order of termination is illegal. - 3 - NC: 2025:KHC:4254 WP No. 1627 of 2019 3. Learned counsel for respondents No.2 and 3 would submit that dispute raised by the petitioner is an arbitral dispute. It is submitted that arbitration proceeding is pending in respect of some other claim made by the petitioner against respondents No.2 and 3. In terms of Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006, an order is passed referring the earlier dispute to the learned Arbitrator. The date is scheduled to file the claim statement by the present petitioner, before the Arbitral Tribunal. 4. Learned counsel for the petitioner and respondents No.2 and 3 jointly submit that the dispute raised in the present petition be also referred to the learned Arbitrator who is appointed in terms of the order dated 14.03.2024. 5. Submission of both the counsel is placed on record. - 4 - NC: 2025:KHC:4254 WP No. 1627 of 2019 6. Learned Arbitrator is requested to arbitrate the dispute, in accordance with the Arbitration and Conciliation Act, 1996. 7. Nothing is expressed on the merits of the matter. 8. All contentions are left open. 9. Accordingly, Writ Petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 1 Sl No.: 38