- 1 - HC-KAR NC: 2025:KHC:51456 CMP No. 410 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 410 OF 2025 BETWEEN: RKCR INFRASTRUCTURE PRIVATE LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, SRI.S.RAMAKRISHNA REDDY, S/O SRI.ANKI REDDY, AGE 49 YEARS, # GROUND FLOOR, H.NO.69, RANGA REDDY COLONY, CANTONMENT, BELLARI-584104, …PETITIONER (BY SRI. CHANDRASHEKHAR CHANNABASAPPA CHANASPUR., ADVOCATE) AND: 1. THE DIRECTOR (CORPORATE) THE SANDUR MANGANESE AND ORES LIMITED, AT DEOGIRI, SANDUR TALUK, BALLARI DISTRICT. AND ALSO AT REDIFICE SIGNATURE, NO. 6, BORING HOSPITAL ROAD, OPP TO SAMAD HOUSE, SHIVAJINAGAR, BANGALORE-560 001 2. CHIEF FINANCIAL OFFICER, THE SANDUR MANGANESE AND ORES LIMITED, AT DEOGIRI, SANDUR TALUK, BALLARI DISTRICT. AND ALSO AT REDIFICE SIGNATURE, NO. 6, BORING HOSPITAL ROAD, OPP TO SAMAD HOUSE, SHIVAJINAGAR, BANGALORE-560 001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51456 CMP No. 410 of 2025 3. DIRECTORS FOR MINES, THE SANDUR MANGANESE AND ORES LIMITED, AT DEOGIRI, SANDUR TALUK, BALLARI DISTRICT SCF AND ALSO AT REDIFICE SIGNATURE, NO. 6, BORING HOSPITAL ROAD, OPP TO SAMAD HOUSE, SHIVAJINAGAR, BANGALORE-560 001 …RESPONDENTS (BY SRI. RISHIKESH MADHAV.,ADVOCATE FOR R1 & R2; R3-SERVED) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILATION ACT, 1996 PRAYING TO EXERCISE THE POWERS UNDER SEC. 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND REFER THE DISPUTE TO THE ARBITRATOR OR THE PERSON SUGGESTED BY THE PETITIONER AS PER ANNEXURE M OR ANY OTHER PERSON QUALIFIED TO CONDUCT ARBITRATION PROCEEDINGS PREFERABLE BY RETIRED DISTRICT JUDGE AT BENGALURU OR A PRACTICING ADVOCATE AT BENGALURU AS MAY BE DECIDED BY THIS HONBLE COURT TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT AS PER THE CLAUSE 28 OF THE AGREEMENT WHICH IS PRODUCED AT ANNEXURE A, DATED 12.07.2018, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:51456 CMP No. 410 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; “It is therefore prayed that, this Hon'ble court may be pleased to exercise the powers under section 11(6) of the Arbitration and Conciliation Act, 1996 and refer the dispute to the Arbitrator or the person suggested by the petitioner as per Annexure-M or any other person qualified to conduct arbitration proceedings preferable by retired District Judge at Bengaluru or a practicing Advocate at Bengaluru as may be decided by this Hon'ble Court to adjudicate the disputes that have arisen between the petitioner and the respondent as per the clause 28 of the agreement which is produced at Annexure-A, dated 12.07.2018, in the interest of justice and equity.” 2. A work order had been issued by the respondent on petitioner vide agreement dated 12.07.2018, which is governed by arbitration clause in terms of clause 28 which is reproduced hereunder for easy reference: “28. This Agreement shall be governed by, construed and enforced in accordance with the laws of India and shall be binding upon and inure to the benefit of each Party and, unless the contrary is intended, to their respective successors and permitted assigns. Any dispute arising out of or in connection with this Contract shall be resolved by arbitration at Bangalore, as per provisions of the Arbitration and Conciliation Act, 1996. The Arbitral tribunal shall be comprised of Sole Arbitrator, in whom both parties are having confidence on competency and rendering justice. The Arbitration shall be conducted in English. The arbitral panel shall - 4 - HC-KAR NC: 2025:KHC:51456 CMP No. 410 of 2025 render a reasoned written award in English, which shall be final and binding on the parties hereto.” 3. Notice having been issued by the petitioner to various officers by designation of the respondent invoking arbitration clause on 11.06.2025 viz., issued to the Managing Director, Chief Financial Officer and Director for Mines of the respondent, which though served, respondent has not replied and as such, the petitioner is before this Court seeking for the aforesaid reliefs. 4. Notice having been issued by this Court to the respondent, respondent has entered appearance. 5. Learned counsel for the respondent submits that notice has not been issued to the company, but issued to the Managing Director, Chief Financial Officer and Director for Mines of the respondent, as such respondents have not replied to the same. 6. The objection raised by the respondent is technical in nature inasmuch as the persons to whom notices have been issued are not authorised persons/individuals, but have been issued to Managing Director, Chief Financial Officer and Director of Mines of the respondent, who are - 5 - HC-KAR NC: 2025:KHC:51456 CMP No. 410 of 2025 the officers of the company and authorized to receive notices on behalf of the company. Though notice could have been better worded by indicating the company, represented by Managing Director, the object, purport and intent of issuing notice cannot be taken away. There being no other objection insofar as arbitration clause and the work order being issued, I am of the considered opinion that the CMP would have to be allowed. As such, I pass the following: ORDER i. CMP is allowed. ii. Sri.A.N.Venugopala Gowda, former Judge of this Court is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration 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. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 16.12.2025. v. All contentions are kept open. - 6 - HC-KAR NC: 2025:KHC:51456 CMP No. 410 of 2025 vi. Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 73