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2025 DAILYLAW 80851 (KAR)

M/S BAPUJI CONSTRUCTIONS PVT LTD., v. STATE OF KARNATAKA

WP/34578/2025 · 2025-11-20

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48231 WP No. 34578 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34578 OF 2025 (GM-RES) BETWEEN: M/S BAPUJI CONSTRUCTIONS PVT LTD., (COMPANIRS REGISTRATION ACT, 1956) SRI H. B. RAVIKUMAR (JV) NO. 913/A, T-4, MALOO GARDEN PARK, ROYAL APARTMENT MAIN ROAD, RAJARAJESWARI NAGARA, BENGALURU - 560 098, REP.BY ITS AUTHORIZED SIGNATORY (MANAGING DIRECTOR) SRI. J.BAPUJI …PETITIONER (BY SRI. VASU DEVA NAIDU S, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE SECRETARY, PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKAS SOUDHA, BANGALORE - 560 001. 2. THE CHIEF ENGINEER, NATIONAL HIGHWAYS ZONE, GOVERNMENT OF KARNATAKA, BANGALORE - 560 001. 3. THE EXECUTIVE ENGINEER NATIONAL HIGHWAYS DIVISION, GOVERNMENT OF KARNATAKA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48231 WP No. 34578 of 2025 TUMKUR - 572 101. …RESPONDENTS (BY SRI. SIDDARTH BABU RAO, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF HE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT IN THE NATURE OF WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO SET ASIDE THE RESPONDENT NOTICE DATED FINAL NOTICE VIDE ITS NO.EE/NHD/TMK/NH150A/JOB NO.835/FINAL NOTICE-2025-26/604 DATED 28.10.2025 FILED BEFORE THIS HON'BLE COURT AND MARKED AS ANNEXURE-K AND RESTRAIN RESPONDENTS FROM INITIATING ANY FURTHER ACTION IN FURTHERANCE OF THE SAID FINAL NOTICE DATED 28.10.2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. 2. The petitioner is before this Court seeking for the following relief: "The Petitioner prays that, the Hon'ble Court may be pleased to issue an appropriate Writ in the nature of Writ of Certiorari or any other appropriate writ to set aside the respondent notice dated final notice vide its No.EE/NHD/TMK/NH150A/Job No.835/final notice-2025- 26/604 dated 28.10.2025 filed before this Hon'ble Court - 3 - HC-KAR NC: 2025:KHC:48231 WP No. 34578 of 2025 and marked as Annexure-K and restrain respondents from initiating any further action in furtherance of the said final notice dated 28.10.2025." 3. Essentially what the petitioner has sought for, is for an order restraining the respondents from invoking a Bank guarantee which has been furnished. 4. If at all the matter arises out of a contractual dispute between the petitioner and the respondents, on enquiry, learned counsel for the petitioner submits that the contract between the parties is governed by an arbitration clause. 5. If that be so, reserving liberty to the petitioner to initiate such appropriate proceedings that may be advised, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 15