- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF OCTOBER, 2022 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 326 OF 2017 BETWEEN: M/S MADHAVA HYTECH ENGINEERS PVT. LTD., PROJECT OFFICE NO.19, 8TH "A" CROSS, PAMPA LAYOUT EXTENSION, KEMPAPURA, HEBBAL BANGLAORE 560 024 REPRESENTED BY KILARU PRADEEP, AUTHORISED SIGNATORY …PETITIONER (BY SRI. S N PRASHANTH CHANDRA, ADVOCATE) AND: 1. SOUTH WESTERN RAILWAY GADAG ROAD, HUBLI, REPRESENTED BY ITS GENERAL MANAGER. 2. SOUTH WESTERN RAILWAY NO.18, MILLER S ROAD, BANGALORE 560 046 REPRESENTED BY ITS CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION) 3. SOUTH WESTERN RAILWAY NO.18, MILLER S ROAD, BANGALORE 560 046 REPRESENTED BY - 2 - ITS CHIEF ENGINEER (CONSTRUCTION) 4. SOUTH WESTERN RAILWAY NO.18, MILLERS ROAD, BANGALORE 560 046 REPRESENTED BY ITS DEPUTY CHIEF ENGINEER (WORKS) …RESPONDENTS (BY SRI. ABHINAY Y T FOR R1-R4, ADVOCATE) THE CIVIL MISC. PETITION IS FILED UNDER SEC.15 OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT SHRI S.R.SOMASEKARA (FORMER DISTRICT & SESSIONS JUDGE) BENGALURU, AS THE SUBSTITUTE & SOLE ARBITRATOR, BEFORE THE ARBITRATION CENTRE, KARNATAKA, AT BENGALURU, TO ADJUDICATE UPON THE DISPUTE RAISED BY THE PETITIONER BY ITS REPRESENTATION DATED 12/06/2012 IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATION & CONCILIATION ACT 1996 & RULES OF THE ARBITRATION & CONCILIATION CENTRE RULES, 2016, KARNATAKA. THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The learned counsels for the parties submit that the petitioner contends that the immediate cause for the present petition is the Communication dated 08.06.2020 addressed by the arbitrator terminating the arbitral proceedings. Sri. S.N.Prashanth Chandra, the learned counsel for the petitioner, submits that, presently, the petitioner has filed a - 3 - writ petition in W.P.No.16676/2022 calling in question the Communication dated 08.06.2020 and hence, the petition could be disposed of but with liberty to the petitioner to revive the same subject to the outcome of the writ petition. On careful consideration of the different circumstances, the petition stands disposed of subject to all just exceptions in law. Sd/- JUDGE RB