- 1 - HC-KAR NC: 2025:KHC:49727 CMP No. 558 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 558 OF 2025 BETWEEN: JAGAJYOTHI EARTH MOVERS (A PROPRIETORSHIP CONCERN) NO.26, 1ST PHASE, 1ST STAGE WEST OF CHORD ROAD, MANJUNATHANGAR BENGALURU-560010 REPRESENTED BY ITS PROPRIETOR R PADMANABHA S/O BASAPPA AGED ABOUT 45 YEARS …PETITIONER (BY SRI. RAJASHEKAR S, ADVOCATE) AND: L AND W CONSTRUCTION PVT LTD (A PRIVATE LIMITED COMPANY) BUILDING AND CIVIL ENGINEERING CONTRACTORS REGISTERED OFFICE NO.801, 8TH FLOOR PRIDE HULKUL NO.116 L AND W TRAINING CENTRE LALBAGH ROAD, BENGALURU-560027 REPRESENTED BY ITS GENERAL MANAGER …RESPONDENT (BY SRI. M.S. RAGHAVENDRA PRASAD, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT THE PANEL OF THREE ARBITRATORS OR IN THE ALTERNATIVE A SOLE ARBITRATOR FOR RESOLUTION OF DISPUTE BETWEEN THE PARTIES ON TERMS INDICATED IN BILL OF QUANTITIES (BOQ) DATED 08.11.2019 AS PER CLAUSE 5.26 OF DOCUMENT NO.1. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49727 CMP No. 558 of 2025 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; a. To appoint the panel of three arbitrators or in the alternative a sole arbitrator for resolution of dispute between the parties on terms indicated in bill of quantities (BOQ) dated 08.11.2019 as per clause 5.26 of document no.1. b. To direct the respondent to pay costs of this petition. c. To pass such other orders as deemed fit and necessary by this Hon'ble Court under the facts and circumstances of the present case, in the interest of justice. 2. The petitioner and respondent had entered into sub- contract on 08.11.2018 which is governed by arbitration Clause in terms of Clause 5.26, which is reproduced hereunder for easy reference; 5.26 Arbitration Any claim or dispute relating to interpretation or execution of this contract that cannot be settled amicably shall be referred to a panel of three arbitrators (one appointed by the Employer, another appointed by Contractor & the two appointed arbitrators shall appoint presiding arbitrator) and resolved as per the provisions of Indian Arbitration Act 1996, which shall be binding on both parties. The place of jurisdiction shall be Bangalore. - 3 - HC-KAR NC: 2025:KHC:49727 CMP No. 558 of 2025 3. The petitioner having issued a notice on 04.08.2022 raising disputes and subsequently, notice having been issued on 22.06.2024 for invoking the arbitration Clause and nominating its arbitrator. The respondent had replied on 08.07.2024 that there was no amount which is required to be paid to the petitioner. It is in that background that the petitioner approached this Court seeking for the aforesaid reliefs. 4. Notice having been issued, respondent had entered appearance. 5. Sri.M.S.Raghavendra Prasad., learned counsel for the respondent submits that there was a full and final settlement which occurred in the year 2020 itself and that there is no amount which is required to be paid by respondent to the petitioner. 6. The dispute in the present matter according to the petitioner is that the amounts have not been paid, whereas respondent contend that the amounts have been paid. 7. This issue would have to be resolved and adjudicated by the arbitrator, so appointed and the same cannot be - 4 - HC-KAR NC: 2025:KHC:49727 CMP No. 558 of 2025 decided by this Court in a proceeding under Section 11 of the Arbitration and Conciliation Act, 1996. 8. In that view of the matter, I pass to following; ORDER i. CMP is allowed. ii. Shri.Justice K. N. Keshavanarayana., 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 11.12.2025. v. All contentions are kept open. vi. Original and/or certified copies if produced are directed to be returned to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 58