- 1 - NC: 2025:KHC:7909 CMP No. 379 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 379 OF 2024 BETWEEN: ABM CIVIL VENTURES PVT. LTD., ABM TOWERS, P.O. BOX 2040, KADAVANTHRA, ERNAKULAM - 682 020, REPRESENTED BY ITS DIRECTOR M.K. ABRAHAM. …PETITIONER (BY SRI. SINIMOL P.J, ADVOCATE) AND: SHAPOORJI PALLOUNJI AND COMPANY PVT. LTD., SURYA CHAMBERS, 7TH FLOOR, 104, HAL OLD AIRPORT ROAD, KAVERI NAGAR, MURGESH PALLYA, BANGALORE - 3, PIN: 560 017, REPRESENTED BY ITS CEO AND EXECUTIVE DIRECTOR MR. AKHIL GUPTA. …RESPONDENT (RESPONDENT SERVED) THIS CIVIL MISCELLANEOUS PETITION FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO GRANT THE FOLLOWING 1. APPOINT A SOLE ARBITRATOR TO ADJUDICATE AND RESOLVE THE DISPUTE NON PAYMENT OF THE BALANCE AMOUNTS DUE TO Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7909 CMP No. 379 of 2024 THE PETITIONER AS PER ANNEXURE A, WORK ORDER DATED 23.11.20202. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 ( for short, 'Act') seeking appointment of a sole arbitrator to resolve the dispute and difference between the parties herein in terms of work order dated 23.11.2020 vide Annexure-A. 2. Though notice is served on the respondent company, it has remained unrepresented. 3. The petitioner, a private limited company based in Kerala, is engaged in the civil construction business. The respondent, also a private limited company, is involved in the execution of construction projects, - 3 - NC: 2025:KHC:7909 CMP No. 379 of 2024 specifically the IIT Palakkad Phase I Project located in Pudussery, Kerala. 4. The petitioner asserts that it has successfully completed the assigned work in accordance with the terms of the work order and to the satisfaction of the respondent’s project requirements. Despite fulfilling its obligations, the petitioner claims that the respondent has failed to pay the outstanding balance of 32,89,190, along with interest at 18% on the due amount. The petitioner further states that the respondent has invoked the arbitration clause and issued a notice under Section 21, proposing arbitration to resolve the dispute. In this notice, the petitioner also highlights that attempts to seek a resolution through the regional head have been exhausted without any response. Consequently, the petitioner has filed the present petition before this Court, seeking the appointment of a sole arbitrator to adjudicate the dispute. - 4 - NC: 2025:KHC:7909 CMP No. 379 of 2024 5. This Court has gone through the annexures filed along with the memorandum of Civil Miscellaneous Petition. This Court is satisfied that the petitioner has fulfilled the requirements under Section 11(4) of the Arbitration and Conciliation Act. 6. In the light of the aforesaid clause of arbitration and the contentions advanced by the petitioner the following order is passed: ORDER (a) The petition is allowed appointing Shri Justice K. Sreedhar Rao, Former Acting Chief Justice, High Court of Gauati, as the sole arbitrator to enter reference of the disputes between the petitioner and the respondents and conduct proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre. - 5 - NC: 2025:KHC:7909 CMP No. 379 of 2024 (b) All contentions inter se parties are left open for adjudication in the arbitration proceedings. (c) The office is directed to communicate this order to the Arbitration and Conciliation Centre and to Shri Justice K. Sreedhar Rao, Former Acting Chief Justice, High Court of Gauati, as required under the Arbitration and Conciliation Centre Rules, 2012. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 3 Sl No.: 12 CT: BHK