Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51467 CMP No. 276 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. 276 OF 2025 BETWEEN:
MR. RAVINDER KUMAR BHATIA (PROPRIETOR OF RAVINDRA BROTHERS) (AGED 74 YEARS).
REGD OFFICE AT III/1/4, SHASTRI MARKET, GOPINATH BAZAAR, DELHI CANTONMENT, NEW DELHI 110010 PHONE 9818216969 EMAIL ID RAVINDRABROS@HOTMAIL.COM
…PETITIONER (BY SRI. PRINCY PONNAN., ADVOCATE)
AND:
UNION OF INDIA REPRESENTED BY CHIEF ENGINEER (AIR FORCE), MILITARY ENGINEER SERVICES, NO 2 DC AREA, MES ROAD, YESHWANTHPUR, BENGALURU- 560 022
PHONE 080-2337006 EMAIL ID CEAFBLOREE8@GMAIL.COM
…RESPONDENT (BY SRI. KUMAR M N., ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ENGINEER OFFICER AS THE ARBITRATOR AS PER CONDITION 70 OF IAFW 2249 (GENERAL CONDITIONS OF CONTRACTS) ANNEXURE E FORMING PART OF CONTRACT DATED 16.08.2013 (ANNEXURE B) ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:51467 CMP No. 276 of 2025
FROM THE NAMES SUGGESTED FROM THE MOD PANEL OF ARBITRATORS TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT AND ETC.
THIS CMP, 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 exercise the power under the Section 11(6) of the Arbitration and Conciliation Act, 1996 and appoint an Engineer Officer as the Arbitrator as per Condition 70 of IAFW-2249 (General Conditions of Contracts) Annexure-E forming part of contract entered into between the petitioner and the Respondent from the names suggested from the MOD Panel of Arbitrators to adjudicate the disputes that have arisen between the petitioner and the Respondent.
b. Cost of the Petition to be awarded to the Petitioner.
c. Grant any such other and further relief(s) to the petitioner as are just in the interest of justice and equity.
2. Though the learned counsel for the respondent disputes the claim which has been made, he does not
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HC-KAR NC: 2025:KHC:51467 CMP No. 276 of 2025
dispute the arbitration agreement between the parties.
3. In that view of the matter, I am of the considered opinion that when the arbitration agreement is not under dispute, an arbitrator would have to be appointed keeping all contentions open. In that view of the matter, I pass the following:
ORDER i) CMP is allowed. ii) Sri.A.R.Krishna Reddy, T-003, Krishna Green Apartment, Shree Krishna Temple Road, Doddabommasandra, Bangalore 560097 (email id – arkrishna56@yahoo.com) (Mobile No.98454 08056) is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Conciliation Center.
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HC-KAR NC: 2025:KHC:51467 CMP No. 276 of 2025
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 19.12.2025. v) All contentions are left open. 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
PRS List No.: 1 Sl No.: 62