- 1 - HC-KAR NC: 2025:KHC:28269 WP No. 13424 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 13424 OF 2020 (GM-TEN) BETWEEN: K R DHRUVAKUMARA S/O RADHAKRISHNA AGED 35 YEARS KALLUR-NAGANAHALLI, YELWALA HOBLI, MYSORE TALUK AND MYSURU DISTRICT - 571 130. …PETITIONER (BY SRI. RADHAKRISHNA, ADVOCATE) AND: 1. GENERAL MANAGER SOUTH WESTERN RAILWAY, HUBLI-580031. 2. CHIEF WORKS MANAGER CENTRAL WORKSHOP SOUTH WESTERN RAILWAY MYSORE - 570 008. 3. WORKS MANAGER CENTRAL WORKSHOP SOUTH WESTERN RAILWAY MYSORE - 570 008. 4. DY. CHIEF WORKS MANAGER CENTRAL WORKSHOP SOUTH WESTERN RAILWAY, MYSORE - 570 008. 5. CHIEF SAFETY OFFICER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28269 WP No. 13424 of 2020 CENTRAL WORKSHOP SOUTH WESTERN RAILWAY, MYSORE - 570 008. …RESPONDENTS (BY SRI. MADHUKAR M DESHPANDE, ADVOCATE V/O DATED 25.11.20) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER IMPUGNED TERMINATING THE PETITIONERS AGREEMENT OF WORKS NO. 08/CWS/MYSS/2017-18 DATED 09.11.2017 AT ANNEXURE-T BY AN IMPUGNED ORDER TERMINATING NOTICE DATED 11.12.2017 AT ANNEXURE-Z-14 AND BLACKLISTING THE PETITIONER FROM, TAKING UP ANY RAILWAY CONTRACTS IN FUTURE ISSUED BY THE 4TH RESPONDENT THE DEPUTY CHIEF WORKS MANAGER, CENTRAL WORKSHOP, SWR MYSURU. THIS PETITION, COMING ON FOR ORDERS, 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 reliefs: "I. To Issue Writ in the nature of Writ of Certiorari quashing the order impugned terminating the Petitioners Agreement of works No. 08/CWS/MYSS/2017-18 dated 09.11.2017 at Annexure-T by an impugned order - 3 - HC-KAR NC: 2025:KHC:28269 WP No. 13424 of 2020 Terminating Notice No. S/M 226/Coach-Cleaning/Vol-III dated 11.12.2017 at Annexure-Z-14, and Blacklisting the petitioner from taking up any Railway Contracts in future issued by the 4th Respondent the Deputy Chief Works Manager, Central Workshop, SWR Mysuru. II. To Issue Writ of mandamus ordering/directing the 4th Respondent to release the security deposit (EMD)of Rs. 81,300/- and Performance Guarantee of Rs. 1,40,000/- dated 29.05.2017 forfeited and encashed by the 4th Respondent by terminating the agreement of works. III. To Issue Writ of mandamus Ordering/directing the 2nd & 4th Respondent to release the payment of bills for the work done period of 8 months amounting to Rs. 18,00,000/- (2,25,000 x 8 month) and Rs. Rs. 9,00,000/- (2,25,000 x 4 month) for full contractual term, the remaining period of contract. IV. To Issue Writ of mandamus Ordering/directing the 2nd Respondent for payment of compensation/ damages @ of 30% interest on monthly rests on the quoted tender value of the contract Rs. 27,00,000/- and on the EMD of Rs 82, 300/- and on the Performance Guarantee of Rs.1, 40,000/-from the date deposit. V. Issue Writ of mandamus Ordering/directing the 2nd Respondent for payment of Special damages Rs. 10,00,000/- (Ten lakh) for loss of social status, loss of career and occupation and for suffocating the petitioner's financial position by blacklisting the petitioner. VI. To grant such other relief as deemed fit to be granted in the facts and circumstances of the case." 2. After arguing for some time, Sri.Madhukar M Deshpande, learned counsel for the respondents on instructions submits that since in the present matter not only the termination of the contract but several other issues are intertwined with each other. The - 4 - HC-KAR NC: 2025:KHC:28269 WP No. 13424 of 2020 respondents are agreeable for the entire matter to be referred to Arbitration. 3. Both the counsels are agreeable for Sri.Kukkaje Ramakrishna Bhat, a former member of the District Judiciary of the Karnataka Judiciary, to be appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration and Conciliation Centre - Bengaluru (Domestic and International), according to the Arbitration & Conciliation Centre Rules, 2012. 4. In that view of the matter, Sri.Kukkaje Ramakrishna Bhat, is appointed as a sole Arbitrator for the Arbitration and Conciliation Centre to be conducted under the aegis of the Arbitration & Conciliation Centre Rules, 2012 and the Director of Arbitration and Conciliation Centre - Bengaluru (Domestic and International) is directed to make necessary arrangements by taking the above reference on the file of the Arbitration Centre. - 5 - HC-KAR NC: 2025:KHC:28269 WP No. 13424 of 2020 5. In view of the aforementioned, the petition is disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE BKN/List No.: 1 Sl No.: 20