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2025 DAILYLAW 40863 (KAR)

M/S PG SETTY CONSTRUCTION TECHNOLOGY PRIVATE LIMITED v. KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED

CMP/498/2024 · 2025-11-21

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48378 CMP No. 498 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 498 OF 2024 BETWEEN: M/S PG SETTY CONSTRUCTION TECHNOLOGY PRIVATE LIMITED HAVING OFFICE AT NO. 74, SANDESH ARCADE, 3RD FLOOR, SAHUKAR CHENNAIAH ROAD, 17TH MAIN ROAD, KUVEMPUNAGAR NORTH, SARASWATHIPURAM, MYSORE-570 009. REPRESENTED BY ITS MANAGING DIRECTOR, SRI. M. G. SOMASHEKAR PRESENTLY HAVING OFFICE AT NO. PLOT NO. 32, P.G. SETTY PRECAST YARD, JK TYRE, PREETHI GRANITE ROAD, HEBBAL INDUSTRIAL AREA, MYSORE-570 016. …PETITIONER (BY SRI. T SESHAGIRI RAO, ADVOCATE) AND: 1. KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING OFFICE AT NO. 59, RICHMOND ROAD, (GEN. K. S. THIMMAYYA ROAD), BENGALURU-560 025, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, NO. 59, RICHMOND ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48378 CMP No. 498 of 2024 (GEN. K. S. THIMMAYYA ROAD), BENGALURU-560 025. 3. THE EXECUTIVE ENGINEER CONTRACTS KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, NO. 59, RICHMOND ROAD, (GEN. K. S. THIMMAYYA ROAD), BENGALURU-560 025. …RESPONDENTS (BY SRI. RAVIKIRAN P PAWAR, ADVOCATE FOR R1 TO R3) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11 (5) AND 11 (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR IN RELATION TO THE CONTRACT AGREEMENT DATED 07/09/2017 FOUND AT ANNEXURE-C TO THE PETITION IN PURSUANCE OF CLAUSE NO. 59 OF THE SAID CONTRACT FOR RESOLUTION OF THE DISPUTE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following relief’s; Wherefore, the petitioner most respectfully prays that this Hon’ble Court be pleased to appoint an arbitrator in relation to the contract agreement dated 07/09/2017 found at Annexure-C to the petition in pursuance of clause no. 59 of the said contract for resolution of the dispute, in the interest of justice and equity. 2. After arguing for sometime, learned counsel for the respondent submits that the respondent has no - 3 - HC-KAR NC: 2025:KHC:48378 CMP No. 498 of 2024 objection for an appointment of arbitrator to arbitrate the disputes between the parties, so long as all the contentions are left open. 3. His further contention is that, insofar as the Review Petition which has been permitted to be filed by the petitioner in terms of the order dated 02.09.2024 in WA No.802/2023 is concerned, the same be kept out of the arbitral proceedings. His submission is taken on record and noted. 4. In that view of the matter, I pass the following; ORDER i. CMP is allowed. ii. Shri Justice Rajendra M. Badamikar, former Judge of this Court is appointed as a sole arbitrator to arbitrate the dispute 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 & Conciliation Centre for doing the needful. - 4 - HC-KAR NC: 2025:KHC:48378 CMP No. 498 of 2024 iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 04.12.2025. v. All contentions are left open. vi. Original and/or certified copies if produced are directed to be returned to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 36