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2025 DAILYLAW 74921 (KAR)

M/S SAINIK WELFARE CO-OPERATIVE SOCIETY (KARNATAKA) LIMITED, v. ASSISTANT DIRECTOR (LC)

WP/19952/2025 · 2025-11-06

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45097 WP No. 19952 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19952 OF 2025 (GM-RES) BETWEEN: M/S SAINIK WELFARE CO-OPERATIVE SOCIETY (KARNATAKA) LIMITED, CA SITE NO.16(P), EAST OF NGEF LAYOUT, 3RD D MAIN, 2ND G CROSS, BEHIND SAIL, VIJINAPURA DOORAVANINAGAR POST, BENGALURU 560 016 REPRESENTED BY ITS MANAGING DIRECTOR, SMT SHANTHA MARY R …PETITIONER (BY SRI. S SANTHOSH NARAYAN.,ADVOCATE) AND: 1. ASSISTANT DIRECTOR (LC) O/O CHIEF POSTMASTER GENERAL, KARNATAKA CIRCLE, BENGALURU 560 001 2. THE MANAGER, MAIL MOTOR SERVICE, DEPARTMENT OF POSTS, NO. 4, BASAVESHWARA ROAD, BENGALURU 560052 3. THE REGISTRAR INDIA INTERNATIONAL ARBITRATION CENTRE, PLOT NO 6, VASANT KUNJ INSTITUTIONAL AREA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45097 WP No. 19952 of 2025 MAHIPALPUR, NEW DELHI, DELHI 110070 4. MR. VIKAS MAHENDRA, PARTNER, KEYSTONE PARTNERS, ADVOCATES AND SOLICITORS, NO. 35/2, 2ND FLOOR, CUNNINGHAM ROAD, BENGALURU 560052 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT TO QUASH THE APPOINTMENT OF THE 4TH RESPONDENT BY THE 3RD RESPONDENT VIDE LETTER DATED 09/05/2025 AT ANNEXURE-M TO THIS WRIT PETITION AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, 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) Quash the appointment of the 4th respondent by the 3rd respondent vide letter dated 09/05/2025 at Annexure-M to this writ petition. b) Quash the constitution, commencement and continuation of the arbitral tribunal headed by the 4th respondent as per Annexure-N in ARB 002/2025 to this writ petition. c) Direct the 2nd respondent to refund the sum of Rs. 4,32,565/- to the petitioner, arbitrarily forfeited by the 2nd respondent. - 3 - HC-KAR NC: 2025:KHC:45097 WP No. 19952 of 2025 d) Grant such other reliefs as this court deems fit in the facts and circumstances of the case. 2. What has essentially been challenged is the appointment of an arbitrator and the constitution of the arbitral tribunal. 3. A Writ Petition is not maintainable to challenge such an appointment of an arbitrator. Any defence that the petitioner has as regards the constitution of the arbitral tribunal can be raised before the arbitral tribunal so constituted. 4. Reserving such liberty, the Writ Petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 37