- 1 - NC: 2025:KHC:7920 CMP No. 128 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. 128 OF 2024 BETWEEN: M/S. YOJAKA COMACOE RDS (JV) A JOINT VENTURE COMPRISING:- YOJAKA COMACOE, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 RDS PROJECT LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REGISTRATION NO. 55-49570 HAVING OFFICE AT FLAT NO. 302, MAHARAJA HEIGHTS, ATTAVARA, FALNIR ROAD, MANGALURU - 575 002. REPRESENTED BY ITS AUTHORISED SIGNATORY SRI. RAMAN D.V. …PETITIONER (BY SRI. VINAY N, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA, (PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT ) KARNATAKA MARITIME BOARD, OFFICE OF THE EXECUTIVE ENGINEER PORTS AND FISHERIES DIVISION, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7920 CMP No. 128 of 2024 SHAMIL HALL, 2nd FLOOR, AMBALAPADY UDUPI - 576 103, REPRESENTED BY ITS PROJECT DIRECTOR. 2. THE PROJECT DIRECTOR, PROJECT MANAGEMENT UNIT, SUSTAINABLE COASTAL PROTECTION AND MANAGEMENT INVESTMENT PROGRAM, OLD MANGALORE PORT, OFFICE BUILDING, BUNDER, MANGALORE - 575 001. …RESPONDENTS (BY SRI. HANUMANTHARAYA LAGALI, AGA FOR R1; SMT. KAVITHA H.C, ADVOCATE FOR R2) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO, ALLOW THIS PETITION AND APPOINT AN ARBITRATOR AS PER 20.6(B) UNDER THE PARTICULAR CONDITIONS OF CONTRACT (PCC) OF THE CONTRACT AGREEMENT DATED 20.02.2017 (PRODUCED AS ANNEXURE-B) AND PASS SUCH OTHER ORDERS AS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE 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 SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:7920 CMP No. 128 of 2024 ORAL ORDER This Civil Miscellaneous Petition is filed under Section 11(5) 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 clause 20.6(b) of the contract agreement dated 11.07.2019 vide Annexure-B. 2. Respondent No.2 has appeared and engaged a counsel. 3. This civil miscellaneous petition is filed invoking the arbitration clause. The petitioner alleges that provisions of GST are applicable to the present contract and therefore, the petitioner-firm claims that it is entitled to reimbursement of an additional tax benefit. The petitioner accordingly claims to have enclosed the calculation sheet setting out the details. The petitioner alleges that despite the accomplishment of the work, the respondents have failed to reimburse the GST payable to - 4 - NC: 2025:KHC:7920 CMP No. 128 of 2024 the petitioner and therefore, a letter is issued on 24.10.2019 calling upon the respondent to pay a sum of Rs.1,37,43,738-00. Alleging that there is no response to this notice, the petitioner has invoked the arbitration clause evidenced at Annexure-K, which is dated 04.05.2023. 4. Learned counsel for respondent No.2 acknowledges the existence of an arbitration clause. However, on instructions, she submits that she has some reservations in regard to the arbitrator nominated by the petitioner. She insists the court appoint a technical arbitrator to resolve the dispute between the parties. 5. After a thorough review of the petition, annexures and supporting documents, this Court is of the view that the petitioner has met the procedural requirements outlines under Section 11(4) of the Arbitration and Conciliation Act. The existence of arbitration is not in dispute. Whether a list between the parties requires the assistance of a technical arbitrator is - 5 - NC: 2025:KHC:7920 CMP No. 128 of 2024 left to the discretion of the arbitrator to be decided during the course of the proceedings. 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 A.V.Chandrashekar, Former Judge, High Court of Karnataka 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. - 6 - NC: 2025:KHC:7920 CMP No. 128 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 A.V.Chandrashekar, Former Judge, High Court of Karnataka, as required under the Arbitration and Conciliation Centre Rules, 2012. (d) Liberty is however reserved to the respondent to seek assistance of an expert during the course of the proceedings. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 3 Sl No.: 0 CT: BHK