- 1 - HC-KAR NC: 2025:KHC:48326 CMP No. 546 of 2024 C/W CMP No. 641 of 2025 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. 546 OF 2024 C/W CIVIL MISC. PETITION NO. 641 OF 2025 IN CMP No. 546/2024 BETWEEN: M/S M VENKATA RAO INFRA PROJECTS PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, OFFICE AT NO. 48-19-6, 2ND FLOOR, MVR COMPLEX, DWARAKANAGAR, OPP RTC COMPLEX, VISAKHAPATNAM 530 003. REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR SAMBASIVA RAO G. …PETITIONER (BY SRI. NISHANTH A V, ADVOCATE) AND: 1. THE EXECUTIVE ENGINEER (PROJECTS CENTRAL -4) BRUHAT BENGALURU MAHANAGARA PALIKE, NO. 301, 3RD FLOOR, ANNEXURE -2 BUILDING, N R SQUARE, BENGALURU - 560 002. 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE GROUND FLOOR, ANNEX -2 BUILDING, BBMP HEAD OFFICE, N R SQUARE, BENGALURU - 560 002. …RESPONDENTS (BY SRI. SATYANAND B S, ADVOCATE FOR R1 & R2) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48326 CMP No. 546 of 2024 C/W CMP No. 641 of 2025 TO (A)APPOINT HONBLE MR. JUSTICE SUBHASH B. ADI, FORMER JUDGE OF THIS HONBLE COURT AS A SOLE ARBITRATOR, WHOSE NAME HAS ALREADY BEEN SUGGESTED BY THE PETITIONER AND ETC., IN CMP NO. 641/2025 BETWEEN: M/S M VENKATA RAO INFRA PROJECTS PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT OFFICE AT NO. 48-196-6, 2ND FLOOR, MVR COMPLEX DWARAKANAGAR, OPP RTC COMPLEX VISAKHAPATNAM-530003 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. SAMBASIVA RAO G ...PETITIONER (BY SRI. NISHANTH A V, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS EXECUTIVE ENGINEER (PROJECTS CENTRAL-2) 301, 3RD FLOOR, ANNEXURE-2 BUILDING N R SQUARE, BENGALURU 560 002 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE GROUD FLOOR, ANNEX-2 BUILDING BBMP HEAD OFFICE, N R SQUARE BENGALURU 560 002 ...RESPONDENTS (BY SRI. SATYANAND B S, ADVOCATE FOR R1 & R2) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT ANY PERSON AS THE SOLE ARBITRATOR FOR ADJUDICATION OF THE DISPUTE/S THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS IN TERMS OF CLAUSE 24 OF THE CONDITIONS OF CONTRACT AND CLAUSE 10 OF THE SPECIAL CONDITIONS OF CONTRACT AGREEMENT DATED - 3 - HC-KAR NC: 2025:KHC:48326 CMP No. 546 of 2024 C/W CMP No. 641 of 2025 28.08.2015 VIDE ANNEXURE - B. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner in CMP No.546/2024 is before this Court seeking for the following reliefs; (a) Appoint Honble Mr. Justice Subhash B. Adi, Former Judge of this Honble Court as a sole arbitrator, whose name has already been suggested by the petitioner. (b) Alternatively, this Honble Court may be pleased to appoint any other person/s as the sole arbitrator for adjudication of the disputes that has arisen between the petitioner and the Respondents. (c)Grant such other relief/s as this Honble Court deems fit, in the facts and circumstances of the case, in the interest of justice and equity. 2. The Petitioner in CMP No.641/2025 is before this Court seeking for the following reliefs; (a) To appoint any person as the sole arbitrator for adjudication of the dispute/s that has arisen between the petitioner and the respondents in terms of clause 24 of the conditions of contract and clause 10 of the special conditions of contract agreement dated 28.08.2015 vide Annexure - B. (b) Grant such other relief/s as this Hon'ble Court deems fit, in the facts and circumstances of the case, in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC:48326 CMP No. 546 of 2024 C/W CMP No. 641 of 2025 3. In terms of the Arbitration Clause, the appointment of an Arbitrator being required to be made by the Indian Council of Arbitration. The grievance of the Petitioner is that though notice has been issued to the Indian Council of Arbitration, the said council has not appointed an Arbitrator. Hence, it was called upon to place on record the Rules of Indian Council of Arbitration (‘ICA’ for short). Rule 15 relates to initiation of the Arbitration, which is extracted hereunder for easy reference: “Rule 15-Initiation of Arbitration: (i) Any Party wishing to commence arbitration proceedings under these rules (Claimant) shall give a notice of request for arbitration to the Registrar of ICA and to the Respondent. (ii) The notice of request (application) for arbitration to the Registrar shall be accompanied by: (a) the names and full addresses of the parties to the dispute including emails, phone numbers, hand/mobile phone numbers, fax nos. of the parties to the dispute and their legal representative, if any. (b) statement of the claim and facts supporting the claim, points at issue and relief or remedies sought with other details of the Claimant’s case. (c) original or duly certified copies of the arbitration agreement, any contract or agreement out of or in connection with which the dispute has arisen and such other documents and information relevant or relied upon. (d) Non-Refundable Registration Fee of Rs.15,000/- plus any applicable tax for claims up to Rs.Two - 5 - HC-KAR NC: 2025:KHC:48326 CMP No. 546 of 2024 C/W CMP No. 641 of 2025 Crore and Rs.30,000/- plus any applicable tax for claims more than Rs.Two Crore. (e) The Arbitral proceedings in respect of dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the Respondent. (f) In the event that the Claimant fails to comply with any of the requirements referred to herein above, the Registrar may fix a time limit not exceeding 15 days within which the Claimant must comply, failing which the file shall be closed without prejudice to the Claimant’s right to resubmit the same claims at a later date in another notice of request for arbitration.” 4. On enquiry, learned counsel for the Petitioner as to registration fee in terms of Clause (b) of Sub-Rule (ii) of Rule 15 of ICA Rules, has been paid by the petitioner. Learned counsel for the Petitioner submits that he is waiting for a demand to be raised under ICA Rules. 5. A perusal of the aforesaid Clause indicates that the deposit is the pre-requisite for the ICA to take up the matter, since no such deposit has been made, the ICA understandably has not taken up the matter and there was no requirement for any order to be passed in accordance 6. In that view of the matter, reserving liberty to the Petitioner to make payment of the due amount as - 6 - HC-KAR NC: 2025:KHC:48326 CMP No. 546 of 2024 C/W CMP No. 641 of 2025 mandated under the ICA Rules, the petitions stand disposed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 40