- 1 - HC-KAR NC: 2025:KHC:31001 CMP No. 291 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION No. 291 OF 2025 BETWEEN: M/S APS GMBH/WILLE GEOTECHNIK GOTZENBREITE 12-D-37124 GOTTINGEN/ROSDORF DEUTSCHLAND, GOTTINGEN 4129 GERMANY THROUGH MR. NEERAJ CHADHA THE SIGNATORY. …PETITIONER (BY SRI K K SHARMA, SR. ADVOCATE FOR MS. RAJARAJESHWARI T S, ADVOCATE) AND: 1. PROJECT DIRECTOR KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT (KSHIP) KARNATAKA STATE HIGHWAY IMPROVEMENT PROJECT, K.R.CIRCLE BANGALORE - 560 001. …RESPONDENTS (BY SRI HANUMANTHARAYA LAGALI, AGA) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31001 CMP No. 291 of 2025 THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING TO ALLOW THE PRESENT PETITION BY APPOINTING A SOLE ARBITRATOR FOR ADJUDICATION OF DISPUTES BETWEEN THE PETITIONER AND RESPONDENT UNDER CONTRACT DATED 8.02.2018 AS PER CLAUSE10.2 MARKED AS DOCUMENT No.3 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 Learned AGA accepts notice for the respondent. 2. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of the Arbitrator in terms of clause 10.2 of the Contract Agreement dated 08.02.2018 (document No.3). 3. Heard Sri K.K.Sharma, learned Senior Counsel appearing on behalf of Smt.Rajarajeshwari T.S, for the petitioner and Sri Hanumantharaya Lagali, learned AGA appearing for the respondent. 4. Having taken note of the submissions made by the learned Senior Counsel appearing for the petitioner and the learned AGA, on careful examination of the clause provided at - 3 - HC-KAR NC: 2025:KHC:31001 CMP No. 291 of 2025 10.2 of the Contract Agreement dated 08.02.2018 (document No.3), it stipulates for appointment of the Arbitrator in the event of any dispute or differences between the parties. In this regard, the learned Senior Counsel appearing for the petitioner invited the attention of the Court to the letter dated 15.07.2024, sent by the petitioner to the respondent herein. Further, the petitioner by letter dated 16.04.2025 (document No.9) has proposed two Arbitrators as the nominee Arbitrators to decide the dispute between the parties. It is also to be noted that the petitioner herein has proposed two learned judges to be the Arbitrators in the notice referred to above. 5. In that view of the matter, taking into consideration the arbitration clause provided in document No.3, I am of the view that Sri Justice Ajit J. Gunjal, former Judge of this Court be appointed as the Arbitrator to resolve the dispute between the parties to act as the sole Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru. 6. In that view of the matter, I pass the following: - 4 - HC-KAR NC: 2025:KHC:31001 CMP No. 291 of 2025 ORDER (i) Petition is allowed. (ii) Sri Justice Ajit J.Gunjal, former Judge of the High Court of Karnataka, Bengaluru, is hereby appointed as the Arbitrator to resolve the dispute between the parties as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru. (iii) All rival claims, contentions, etc., of both parties including contentions relating to maintainability, arbitrability, jurisdiction, limitation, stamp duty, etc., are kept open to be decided by the Arbitral Tribunal and no opinion is expressed on the same. (iv) A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further and also to Sri Justice Ajit J.Gunjal, former Judge of the High Court of - 5 - HC-KAR NC: 2025:KHC:31001 CMP No. 291 of 2025 Karnataka, Bengaluru, to the address available with the said Centre. (v) Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. (vi) In order to avoid further delay in the matter, the parties are directed to appear before the Arbitration Center at Bengaluru, on 15.09.2025 at 11 a.m. SD/- (E.S.INDIRESH) JUDGE ND List No.: 1 Sl No.: 4