- 1 - HC-KAR NC: 2025:KHC:33427 CMP No. 359 of 2025 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. 359 OF 2025 BETWEEN: M/S.KMV PROJECTS LIMITED HEAD OFFICE SITUATED AT 12A, 12TH FLOOR, D.NO-2-91/5, TRENDSET JAYABHERI CONNECT, KOTHAGUDA X ROAD, KONDAPUR, HYDERABAD - 500 084 REPRESENTED BY ITS VICE PRESIDENT SRI. TARANATH ALSO AT REGIONAL OFFICE NO.302, THIRD FLOOR, 7, EAST PARK ROAD, KUMARA PARK EAST, BANGALORE - 560 001. …PETITIONER (BY SRI. RAGHAVENDRA S.V, ADVOCATE) AND: 1. THE EXECUTIVE ENGINEER PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, SPECIAL DIVISION, MYSORE, KARNATAKA - 570 001. 2. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS, REPRESENTED BY ITS PRINCIPAL SECRETARY, ROOM NO.335, 3RD FLOOR, VIKAS SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SMT. HEMALATHA V, ADDITIONAL GOVERNMENT ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33427 CMP No. 359 of 2025 THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT JUSTICE ASHOK B. HINCHAGIRI (RETIRED), HIGH COURT OF KARNATAKA OR ANY OTHER RETIRED HIGH COURT JUDGE TO ADJUDICATE THE DISPUTE AS SOLE ARBITRATOR OR ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENTS ARISING OUT OF THE AGREEMENT DATED 17.04.2015 IN THE ABOVE MATTER IN PURSUANCE OF CLAUSE NO.24 OF GENERAL CONDITIONS OF CONTRACT READ WITH CLAUSE NO.4 OF SPECIAL CONDITIONS AT ANENXURE-A OF CONTRACT AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard learned counsel appearing for the petitioner and learned Additional Government Advocate appearing for the respondents. 2. It is submitted by the learned Additional Government Advocate that, there is no lis between the parties as the claim made by the petitioner is satisfied. 3. However, taking into consideration the averments made in the petition, I am of the view that, in view of Clause-24 of the Agreement - 3 - HC-KAR NC: 2025:KHC:33427 CMP No. 359 of 2025 No.9 of 2015-16 dated 17.04.2015 (Annexure-A), Sri. H.M. Nanjunadaswamy, retired District Judge be appointed as an Arbitrator to resolve the dispute between the parties. 4. Hence, this Civil Miscellaneous Petition is disposed of. 5. Since the parties are represented through their learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 22.09.2025 at 11.00 a.m. to enable the learned Arbitrator to take further action in the matter. Ordered accordingly. Sd/- (E.S.INDIRESH) JUDGE KLV List No.: 2 Sl No.: 7