- 1 - HC-KAR NC: 2025:KHC:40489 CMP No. 158 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 158 OF 2023 BETWEEN: M/S BHARAT HEAVY ELECTRICALS LTD., SOLAR BUSINESS DIVISION, OPPOSITE TO INDIAN INSTITUTION OF SCIENCE, PROF. CNR RAO CIRCLE, MALLESWARAM, BENGALURU-560 012, REP. BY ITS ADDITIONAL GENERAL MANAGER (M M). …PETITIONER (BY SRI Y HARIPRASAD, ADVOCATE) AND: M/S GOLDI SOLAR PVT. LTD., CORPORATE OFFICE, NO.1009, 10TH FLOOR, INFINITY TOWER, NEAR RAILWAY STATION, SURAT, GUJARAT-395 003. ALSO AT M/S GOLDI SOLAR PVT. LTD, BLOCK NO. 149, PLOT NO. J AND K 1, PIPODARA N.H, N.H-48, DIST. SURAT, GUJARAT-394 110. M/S. GOLD SOLAR PVT. LTD., BLOCK NO. 149, PLOT NO. J & K 1, PIPODARA N.H, N.H.-48, DIST. SURAT, GUJARAT-394 110. …RESPONDENT (BY SMT. DEEPA V, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40489 CMP No. 158 of 2023 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 TO APPOINT AN ARBITRATOR IN TERMS OF PURCHASE ORDER NO. E420001716 DATED 12.11.2020- MULTI CRYSTALLINE PV MODULE - NTPC RG TO DRAWING/SPEC NO. 1-0 HSN CODE: 8541 MATERIAL: PV0679040731 - PROJECT NAME: NTPC, BHEL SITE OFFICE, 25MW FLOATING SOLAR PV POWER PLANT, PO JYOTHINAGAR, DIST. KARIMNAGAR, RAMAGUNDAM-505 215 (100 MW) AT ANNEXURE-A AND ALSO TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES IN TERMS OF CLAUSE NO.30 (REF. DOC. SCPV: PV. MODULE 002- REV.02) OF GENERAL COMMERCIAL CONDITIONS FOR CONTRACT AND SPECIAL CONDITIONS OF THE CONTRACT AS AT ANNEXURE-B AND PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT, 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 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; " Wherefore, it is most respectfully prayed that this Hon'ble Court be pleased to appoint an arbitrator in terms of purchase order no. E420001716 dated 12.11.2020- Multi Crystalline PV Module - NTPC RG to Drawing/Spec no. 1-0 HSN Code: 8541 Material: PV0679040731 - Project Name: NTPC, BHEL Site Office, 25MW Floating Solar PV Power Plant, PO Jyothinagar, Dist. Karimnagar, RAMAGUNDAM-505 215 (100 MW) at Annexure-A and also to adjudicate the dispute between the parties in terms of Clause No.30 (Ref. Doc. SCPV: PV. Module 002-rev.02) of General Commercial conditions for Contract and Special Conditions of the contract as at Annexure-B and pass such other orders as this Hon'ble Court deems fit, in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:40489 CMP No. 158 of 2023 2. Both the counsels on instructions submit that, Justice Sri.Jayant Patel., Former Judge of this Court and Acting Chief Justice of High Court of Gujarat would be appointed as a sole arbitrator to decide the lis between the parties. Hence, I pass the following; ORDER i. The writ petition is allowed. ii. Justice Sri.Jayant Patel., Former Judge of this Court and Acting Chief Justice of High Court of High Court of Gujarat is appointed as sole arbitrator to arbitrate the dispute between the parties under the aegis of the Centre attached to this Court. iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Both the counsels are directed to appear before the Director, Arbitration & Conciliation Centre - 4 - HC-KAR NC: 2025:KHC:40489 CMP No. 158 of 2023 without requirement of any notice at 2.30 p.m. on 27.10.2025. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 24