- 1 - NC: 2025:KHC-D:7123 WP No. 102695 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO. 102695 OF 2025 (GM-RES) BETWEEN: AKANKSHA ENTERPRISES PVT LTD, FACILITY MANAGEMENT BY ITS AUTHORIZED PERSON MAHAMMAD RAFI MAGARE, AGE: 40 YEARS, OCC: SITE INCHARE/ SUPERVISOR, R/O: #229, 22ND MAIN, 1ST CROSS, AGARA CROSS, HSR EXTENSION, SARJAPUR ROAD, BANGALORE. …PETITIONER (BY SHRI V. M. SHEELVANT, ADV.) AND: 1. THE GENERAL MANAGER SOUTH WESTERN RAILWAYS, HUBBALLI 580023. 2. THE CHIEF MEDICAL SUPERINTENDENT MEDICAL DEPARTMENT, SOUTH WESTERN RAILWAYS, HUBBALLI - 580023. 3. THE ADDL. CHIEF MEDICAL SUPERINTENDENT/ADMIN/HUBBALLI Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:7123 WP No. 102695 of 2025 MEDICAL DEPARTMENT, SOUTH WESTERN RAILWAYS, HUBBALLI - 580023. 4. THE CHIEF HEALTH INSPECTOR (COLONY) SOUTH WESTERN RAILWAYS, HUBBALLI – 580023. 5. SR. DIVISIONAL FINANCE MANAGER SOUTH WESTERN RAILWAYS, HUBBALLI - 580023 6. THE DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAYS, HUBBALLI - 580023. …RESPONDENTS (BY SHRI SHIVARAJ S. BALLOLI, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE TERMINATION NOTICE/ORDER BEARING NO.H/MD.52/COLONY CLEANLINESS DATED 29/03/2025 PRODUCED AT ANNEXURE-R PASSED BY RESPONDENT NO.3 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA - 3 - NC: 2025:KHC-D:7123 WP No. 102695 of 2025 ORAL ORDER The petitioner has approached this Court seeking issuance of a writ in the nature of Certiorari to quash the notice dated 29.03.2025 passed by respondent No.3 terminating the contract of the petitioner produced as per Annexure-R. 2. Heard Sri V.M.Sheelvant learned counsel for the petitioner and Sri Shivaraj S. Balloli, learned counsel for respondents. Perused the materials on record. 3. The petitioner has approached this Court seeking to quash the termination notice produced as per Annexure-R dated 29.03.2025 issued by respondent No.3, an interim order as prayed for was passed by the this Court vide order dated 24.04.2025. The respondents have filed I.A.No.3/2025 seeking vacating of the interim order. 4. It is the contention of the contesting respondents that, an arbitral proceeding is already initiated by the petitioner and the same is pending - 4 - NC: 2025:KHC-D:7123 WP No. 102695 of 2025 consideration before the learned Arbitrator. In spite of that, the petitioner has come before this Court seeking quashing of Annexure-R, which is not permissible in law. He further submits that Annexure-R is dated 29.03.2025, and the interim order came to be passed on 24.04.2025. In the interregnum period, the respondents have appointed a new contractor and he has taken over the work. Under such circumstances, he prays for dismissal of the petition. However, the respondents have no objection for the petitioner to challenge Annexure-R before the learned Arbitrator. 5. In view of the above, I am of the opinion that, when the Arbitrator is considering the rival contentions of the parties and the proceedings are still pending, I do not find any justification for the petitioner to approach this Court challenging Annexure-R. When respondents have no objection for the petitioner to challenge Annexure-R before the learned Arbitrator, I find considerable force in the contention taken by the respondents. - 5 - NC: 2025:KHC-D:7123 WP No. 102695 of 2025 6. At this stage learned counsel for the petitioner submits that, a reasonable time of two weeks may be granted to enable the petitioner to challenge Annexure-R before the Arbitrator. Hence I proceed to pass the following: ORDER (i) The writ petition is hereby dismissed. (ii) However, the petitioner is at liberty to challenge Annexure-R before the learned Arbitrator in the arbitral proceedings that is pending consideration. (iii) To enable the petitioner to challenge Annexure-R before the Arbitrator, Annexure-R is kept in abeyance for a period of 10 days from today. In view of dismissal of the writ petition, I.A.Nos.1 to 3 of 2025 do not survive for consideration. Accordingly the same are disposed of. Sd/- (M.G.UMA) JUDGE EM CT:ANB : List No.: 3 Sl No.: 12