- 1 - HC-KAR NC: 2025:KHC:41583 CMP No. 179 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 179 OF 2024 BETWEEN: BUCON ENGINEERS & INFRASTRUCTURE PVT LTD., COMPANY INCORPORATED UNDER COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 108-A, SHYAMKAMAL BUILDING, AGARWAL MARKET, TEJPAL ROAD, VILLE PARLE (EAST), MUMBAI - 400 057 REP. BY ITS AUTHORISED SIGNATORY, MR VIJAY, AGED ABOUT MAJOR, S/O BABULAL LADHANI. …PETITIONER (BY SRI. SRINANDAN K., ADVOCATE) AND: RAIL INFRASTRUCTURE DEVELOPMENT COMPANY (KARNATAKA ) LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT 1956, HAVING REGISTERED OFFICE AT MSIL HOUSE, 7TH FLOOR, NO 36, CUNNINGHAM ROAD, BANGALORE -560 052, KARNATAKA, REP. BY ITS AUTHORISED SIGNATORY. …RESPONDENT (BY SMT. ANUSHA PRASAD.,ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6), PRAYING TO ALLOW THE ABOVE PETITION BY PASSING AN Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41583 CMP No. 179 of 2024 ORDER UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT,1996, APPOINTING A SOLE ARBITRATOR DIRECTING HIM TO ADJUDICATE THE ISSUE/DISPUTE PENDING BETWEEN THE PETITIONER AND RESPONDENT ARISING OUT OF THE CONTRACT DATE 30.12.2019 WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following relief; "To allow the above petition by passing an order under section 11(6) of the Arbitration and Conciliation act, 1996, appointing a sole arbitrator directing him to adjudicate the issue/dispute pending between the petitioner and Respondent arising out of the Contract date 30.12.2019 which is produced at Annexure-A." 2. The respondent had issued a tender notification in which the petitioner had participated and was declared as successful bidder. The said tender document is governed by an arbitration clause. In terms of clause 4.15 which deals with settlement of - 3 - HC-KAR NC: 2025:KHC:41583 CMP No. 179 of 2024 disputes which is reproduced hereunder for ready reference; "4.15.1 If any dispute of any kind whatsoever shall arise between KRIDE and Successful Tenderer in connection with or arising out of the contract including without prejudice to the generality of the foregoing, any question regarding the existence, validity or termination, the parties shall seek to resolve any such dispute or difference by mutual consultation. If the same is not resolved through mutual consultation, the same shall be referred to the Sole Arbitrator, appointed by KRIDE. The arbitration shall be conducted in accordance with the provision of the Indian Arbitration and Conciliation Act, 1996." 3. Clause 4.15.1 is an arbitration clause which governs the relationship between the parties. There being dispute between the parties, the petitioner issued a notice on 14.10.2023 invoking the arbitration clause and nominating its arbitrator. Though the same was served on the respondent, there is no reply on the part of the respondent and as such the petitioner has filed the above proceedings. - 4 - HC-KAR NC: 2025:KHC:41583 CMP No. 179 of 2024 4. Notice has been issued to the respondent. Though respondent is represented by a counsel, none has been appearing for the respondent. This Court vide order dated 10.10.2025, had recorded that if none were to appear for the respondent, the matter would be taken up for consideration on the basis of submission made by the counsel for the petitioner and as such the same was taken up for consideration today. 5. Having gone through the tender documentation and the arbitration clause, it is clear that the relationship between the parties is governed by an arbitration clause and any dispute would have to be resolved through mediation by a sole arbitrator. There being no dispute as regard to same raised by any reply notice or by filing objections, I pass the following; ORDER i. CMP is allowed. - 5 - HC-KAR NC: 2025:KHC:41583 CMP No. 179 of 2024 ii. Sri. H.N. Nagamohan Das, a former judge of this Court, is appointed as a sole arbitrator to arbitrate the disputes between the parties under the aegis of the Arbitration Centre attached to this Court. iii. Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any further notice on 03.11.2025 at 02.30 p.m. Sd/- (SURAJ GOVINDARAJ) JUDGE RU, List No.: 1 Sl No.: 56