- 1 - HC-KAR NC: 2025:KHC:30547 CMP No. 255 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.255 OF 2025 BETWEEN: 1. M/S KBR INFRATECH LTD., A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 PRESENTLY HAVING ITS OFFICE AT NO.1 FIRST FLOOR, 8TH CROSS TATA NAGAR, BALAJI LAYOUT RMV EXTENSION II STAGE POST OFFICE BENGALURU - 560 094 REPRESENTED BY ITS MANAGING DIRECTOR SRI K BABU RAJU S/O SRI K RAMAKRISHNAMA RAJU AGED ABOUT 58 YEARS. …PETITIONER (BY SMT. VANI H., ADVOCATE) AND: 1. THE EXECUTIVE ENGINEER BRUHATH BANGALORE MAHANAGAR PALIKE SHANTHINAGAR DIVISION 9THFLOOR PUBLIC UTILITY BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI. MILIND DANGE, ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30547 CMP No. 255 of 2025 THIS CMP IS FILED UNDER SEC.11(5) AND 11(6) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO APPOINT AN ARBITRATOR AS PROVIDED FOR IN SECTION 11(5) OF THE ARBITRATION ACT TO RESOLVE THE DISPUTE BETWEEN THE PARTIES AND AS PER CLAUSE 24 OF THE GENERAL CONDITIONS OF CONTRACT READ WITH CLAUSE 4 OF SPECIAL CONDITIONS OF CONTRACT VIDE ANNEXURE - B DATED 23.11.2018. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER The petitioner has sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Contract dated 23.11.2018, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 2. The petitioner seeks appointment of an Arbitrator in relation to the dispute arisen on the basis of Tender Document-KW4, relating to work valued at more than Rs.100 lakhs, which was issued by the respondent— - 3 - HC-KAR NC: 2025:KHC:30547 CMP No. 255 of 2025 Bruhat Bengaluru Mahanagara Palike (BBMP). The resolution of disputes arising under the tender is governed by Clause 24 of the Tender Document, which provides for arbitration as the prescribed mode of dispute resolution. In accordance with this Clause, the petitioner now prays for the appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties. 3. Taking note of Clause 24 of the Tender document, it is clear that in the event of dispute, matter is to be sorted out by way of arbitration. Accordingly, this petition under Section 11 of the Act, 1996 is allowed. Sri. C.R. Benakanahalli, Retired District Judge, is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. 4. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal. - 4 - HC-KAR NC: 2025:KHC:30547 CMP No. 255 of 2025 5. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter. 6. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. 7. Since the parties are represented through their learned counsel and to avoid further delay in the matter the parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru 03.09.2025 at 2.30 pm. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 26