- 1 - HC-KAR NC: 2025:KHC:33426 CMP No. 539 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO. 539 OF 2024 BETWEEN: M/S RICH PHYTOCARE PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING OFFICE AT FLAT NO.2B, MAHALAKSHMI ENCLAVE, DOOR NO.26, TANK BUND ROAD, NUNGAMBAKKAM, CHENNAI - 600 034, (REPRESENTED BY ITS AUTHORIZED SIGNATORY MR .S. NARAYANAN) …PETITIONER (BY SRI. BADRI VISHAL, ADVOCATE) AND: KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED HAVING REGISTERED OFFICE AT NO.6/13/1, 10TH BLOCK, 2ND STAGE, BEHIND ST. SOPHIA CONVENT, NAGARBHAVI, BENGALURU - 560 072. ALSO AT NO.39, SHANTHI GRUHA, BHARAT SCOUTS & GUIDES BUILDING, PALACE ROAD, BENGALURU - 560001. REPRESENTED BY MANAGING DIRECTOR. …RESPONDENT (BY SRI. SANDEEP CHRISTOPHER, ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33426 CMP No. 539 of 2024 THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES IN TERMS OF CLAUSE 20 OF THE GCC AND CLAUSE-4 OF THE SCC OF THE TENDER BEARING NO.KREDL/07/SOG/F-41/SWP/2017-18 DATED 30.11.2017 AT ANNEXURE-A AND CLAUSE-20 OF THE WORK AWARD DATED 15.09.2018 AT ANNEXURE-D AND ETC. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsels appearing for the parties. 2. Taking into consideration, the provision for settlement of dispute in the event of any difference, where Clause - 4 of Section 4 of the Tender document dated 30.11.2017 provides for the appointment of a Sole Arbitrator as Additional Chief Secretary, Energy Department, Government of Karnataka. Though the said clause provides for appointment of Sole Arbitrator as Additional Chief Secretary of the respective department and in view of the Bar under Section 12(5) of the Arbitration and Conciliation Act, 1996, I am of the opinion - 3 - HC-KAR NC: 2025:KHC:33426 CMP No. 539 of 2024 that, an independent Arbitrator be appointed to resolve the dispute between the parties. 3. In that view of the matter, Sri. H.R. Srinivas, Retired District Judge be appointed to resolve the dispute between the parties accordingly. 4. Hence, this Civil Miscellaneous Petition is disposed of. 5. It is also made clear that, in order to avoid further delay in the matter, parties are directed to appear before Arbitration and Conciliation Centre, Bengaluru on 23.09.2025 at 11.00 a.m. Ordered accordingly. Sd/- (E.S.INDIRESH) JUDGE KLV List No.: 2 Sl No.: 13 CT-PS