- 1 - HC-KAR NC: 2025:KHC:48376 CMP No. 418 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. 418 OF 2024 BETWEEN: SRI H H SHIVAMURTHY AGED 63 ABOUT YEARS, S/O LATE SRI. HANUMASHETTY CLASS I CONTRACTOR, SHIRADANAHALLI VILLAGE, MALLIPATTANNA HOBLI, ARAKALAGUDU TALUK, HASSAN DISTRICT-573102 …PETITIONER (BY SRI. K S GANESHA, ADVOCATE) AND: THE EXECUTIVE ENGINEER CNNL, HEMAVATHI RESERVOIR DIVISION, CAUVERY NEERAVARI NIGAMA, KUSHALANAGARA, KODAGU DISTRICT-571 234. …RESPONDENT (BY SRI. BHEEMAIAH.K.S, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11 (6) THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT THE SUITABLE ARBITRAL TRIBUNAL TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISING BETWEEN THE PETITIONER AND THE RESPONDENT VIDE AGREEMENT DATED: 10.03.2022, CLAUSE 7, WHICH IS AT ANNEXURE-A, 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 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48376 CMP No. 418 of 2024 ORAL ORDER 1. The petitioner is before this Court seeking for the following relief’s; Therefore, the petitioner prays that this Hon'ble Court may be pleased to appoint the suitable arbitral tribunal to adjudicate upon the disputes that have arising between the petitioner and the respondent vide agreement dated: 10.03.2022, clause 7, which is at Annexure-A, in the interest of justice and equity. 2. Petitioner and respondent had entered into an agreement which is governed by an arbitration Clause in terms of Clause 7, which is reproduced hereunder for easy reference; 7. Any dispute or difference or claim arising out of, or in connection with, or relating to the present contract or the breach, termination or invalidity the thereof shall be referred and settled under the Arbitration Centre Karnataka (domestic and international) rules 2012, by one or more arbitrators appointed in accordance its rules. 3. A perusal of the above would indicate that the matter would have to be settled under the Arbitration Centre, Karnataka (Domestic and International Rules 2012), with arbitrators being appointed in accordance with the Rules. - 3 - HC-KAR NC: 2025:KHC:48376 CMP No. 418 of 2024 4. If that be so, it was for the petitioner to approach the Centre seeking for appointment in terms of the Rules and not approach this Court under Section 11 of the Arbitration and Conciliation Act, 1996. 5. Reserving liberty to the petitioner to do so, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 32