- 1 - HC-KAR NC: 2025:KHC-D:10518 CMP No. 100024 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL MISC PETITION NO. 100024 OF 2024 BETWEEN: M/S KRISHI-KPRC (JV), NO.21, 4TH CROSS, 5TH BLOCK, B.S.K 3RD STAGE, 3RD PHASE BANGALORE-560085 REPRESENTED BY ITS AUTHORIZED SIGNATORY K. PUNNARAO. …PETITIONER (BY SRI. S. VASUDEV NAIDU, ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER SOUTH WESTERN RAILWAY GADAG ROAD, HUBLI-580023. 2. THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION) SOUTH WESTERN RAILWAY NO.18 MILLERS ROAD, BANGALORE 560046. 3. THE CHIEF ENGINEER/CONSTRUCTION SOUTH WESTERN RAILWAY CLUB ROAD, KESHWAPUR HUBBALLI. 4. THE DEPUTY CHIEF ENGINEER/CONSTRUCTION SOUTH WESTERN RAILWAY CLUB ROAD, KESHWAPUR HUBBALLI 580023. …RESPONDENTS (BY SRI. M.B. KANAVI, ADVOCATE) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.28 16:07:24 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10518 CMP No. 100024 of 2024 THIS CMP IS FILED UNDER SECTION 11(6) READ WITH 12(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTES AND OUTSTANDING ISSUES BETWEEN THE PARTIES IN ACCORDANCE WITH THE PROVISIONS OF AGREEMENT BEARING NO.CAO/CN/BNC/74223/A/129/III/17 DATED 25.03.2017 MARKED AS ANNEXURRE-E INCONSONANCE WITH ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2015 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The petitioner has filed this petition under Section 11(6) read with Section 12(5) of the Arbitration and Conciliation Act, 1996 to appoint sole Arbitrator to resolve the dispute and outstanding issues between the parties in accordance with the provisions of the agreement bearing No.CAO/CN/BNC/74223/A/129/III/17, dated 25.03.2017 marked as Annexure-E in consonance with the Arbitration and Conciliation (Amendment) Act, 2015. 2. Learned counsel Sri M.B.Kanavi appearing for respondents No.1 to 4 submits that there is no objection for appointment of Arbitrator. Further he submits that if - 3 - HC-KAR NC: 2025:KHC-D:10518 CMP No. 100024 of 2024 any arbitration clause is there, Arbitrator can be appointed. 3. Learned counsel for the petitioner has reiterated the averments made in the petition and also has produced Annexures-A to M. 4. Upon perusal of Annexure-E, there is a clause in 22.3 (Clause 64(1) of the GCC) regarding Demand for Arbitration. Hence, in view of this agreement between the parties, the Arbitrator has to be appointed to resolve the dispute between the parties. Hence, I proceed to pass the following : ORDER (i) Petition filed under Section 11(6) read with Section 12(5) of the Arbitration and Conciliation Act, 1996 is allowed. (ii) In view of submission of both parties, the Retired District Judge Sri S.H.Mittalkhod, MIG-II/78, KHB Colony, Doddanayakana - 4 - HC-KAR NC: 2025:KHC-D:10518 CMP No. 100024 of 2024 Koppa, Sahyadri Nagar, Dharwad-580 008 is appointed as sole Arbitrator to resolve the dispute between the parties. (iii) The petitioner shall supply the relevant documents to the Arbitrator. (iv) Registry is directed to send a copy of this order to the said Arbitrator. (v) The Arbitrator is requested to resolve the dispute in accordance with the documents and Rules. Sd/- (G BASAVARAJA) JUDGE CKK Ct-cmu LIST NO.: 1 SL NO.: 48