- 1 - HC-KAR NC: 2025:KHC:45193 CMP No. 565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 565 OF 2025 BETWEEN: M/S. P. DASARATHARAMA REDDY REPRESENTED BY SRI P KRISHNA REDDY, AGED ABOUT 69 YEARS, CLASS-1 CONTRACTOR, KRISHNA COMPLEX, 5TH FLOOR, NO.14, STATE BANK ROAD, BANGALORE - 560 001 …PETITIONER (BY SRI. HARISCHANDRA REDDY P., ADVOCATE) AND: (A GOVERNMENT OF KARNATAKA ENTERPRISES) CAUVERY NEERAVARI NIGAM NIYAMITHA (CNNL) REPRESENTED BY ITS THE EXECUTIVE ENGINEER, CNNL, NO.2, KABINI CANAL DIVISION, KOLLEGAL - 571 440 …RESPONDENT *** THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO PASS AN APPROPRIATE ORDER FOR APPOINTMENT OF INDEPENDENT AND IMPARTIAL SOLE ARBITRATOR AS PER THE PETITIONER'S REQUEST UNDER THE PROVISIONS OF SECTION 11(6) SUB SECTION (C) OF THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45193 CMP No. 565 of 2025 ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2019, TO ADJUDICATE THE DISPUTES / CLAIMS BETWEEN THE PARTIES FOR THE WORK OF "IMPROVEMENT OF SIR COTTON CHANNEL, HAMPAPURA CHANNEL AND GUPPAMMA CHANNEL IN KOLLEGAL TOWN (INDENT-19456)" AGREEMENT NO.375/27.03.2018 (ANNEXURE A), ETC. THIS CIVIL MISC.PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: " a) To pass an appropriate order for appointment of independent and impartial Sole Arbitrator as per the petitioner requests under the provisions of section 11 (6) sub-section (c) of the Arbitration and Conciliation (Amendment) Act, 2019 to adjudicate the disputes/claims between the parties for the work of "Improvement of Sir Cotton Channel, Hampapura Channel and Guppamma Channel in Kollegal Town (Indent-19456)" Agreement No.375/27.03.2018. (ANNEXURE-A); b) To pass an appropriate order as per the clause 24.3 of GCC and also (Amendment) Act, 2019 as the appointing authority Respondent No.3, Institute of Engineers, Bangalore, failed to appoint Sole Arbitrator, by appointing independent and impartial Sole Arbitrator under section 11 (8) of the act for settlement of disputes/claims between the parties as per the special conditions of contract. c) Pass such other orders as the Hon'ble Court deems fit in the interest of justice and equity - 3 - HC-KAR NC: 2025:KHC:45193 CMP No. 565 of 2025 d) MAKE any further scheme for dealing with the matter as contemplated under section 11 of the Arbitration and Conciliation (Amendment) act 2019." 2. The petitioner places reliance on Clause 24.1 of the General Conditions of contract to contend that there is an arbitral clause. 3. Clause 24.3 indicates that the arbitration procedure, if any, would be as per the Special Conditions of Contract. 4. A perusal of the Special Conditions of Contract, as regards settlement of disputes and time for decision under Clause 29 categorically indicates that there is no arbitration clause. 5. In fact, sub-Clause (h) of Clause 29 categorically makes it clear that, "It is clearly understood and agreed upon by both parties that no part of the above clause 29 shall be construed to be an Arbitration clause under the Arbitration and Conciliation Act, 1996 or any other Act. In the event - 4 - HC-KAR NC: 2025:KHC:45193 CMP No. 565 of 2025 of any dispute or difference arising between the parties to this contract. Upon exhausting the remedies available in clauses 29 a) to g); the only final remedy available shall be to approach the jurisdictional Civil Court agreed to under clause 29 e) of this contract by filing a suit in accordance with law." 6. As per the so-called arbitration clause, since there is no arbitration agreement between the parties, the petition is not maintainable. Hence, it is dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 5 CT-SG