Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:44234 CMP No. 563 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 563 OF 2025 BETWEEN:
M/S DISHA ENGINEERING, A SOLE PROPRIETORSHIP CONCERN, HAVING ITS OFFICE AT NO.766, 1ST FLOOR, 1ST MAIN ROAD, 2ND PHASE, 6TH BLOCK, BSK 3RD STAGE, BANGALORE 560 085.
REP. BY ITS PROPRIETOR, MR. THIMMARAJU H. …PETITIONER (BY SRI VIVEK G BALLEKERE, ADVOCATE)
AND:
THE UNION OF INDIA, BY CENTRAL PUBLIC WORKS DEPARTMENT (CPWD), MYSORE, NIRMAN BHAWAN, T NARASIPURA ROAD, SIDDHARTHANAGAR, MYSURU 570 011.
REP. BY THE EE MYSORE CPWD. …RESPONDENT
THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE, INDEPENDENT, AND IMPARTIAL ARBITRATOR, SUCH AS A RETIRED JUDGE OF THIS HON'BLE COURT OR ANY OTHER PERSON OF IMPECCABLE INTEGRITY, TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT IN CONNECTION WITH AGREEMENT NO.1/ADG/MYCD/2020-21 (ANNEXURE - B).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:44234 CMP No. 563 of 2025
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs; a. "Appoint a sole, independent, and impartial Arbitrator, such as a retired Judge of this Hon'ble Court or any other person of impeccable integrity, to adjudicate upon the disputes that have arisen between the Petitioner and the Respondent in connection with Agreement No.01/ADG/MYCD/2020-21, ANNEXURE-B At Clause 25 in General Condition of Contract Annexure-A
b. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity."
2. Accepting the submission of learned counsel for the petitioner the arbitration Clause is part of the GCC. IA No.1/2025 is allowed, the production of certified copy of Annexure-B is dispensed with.
3. A perusal of the notice under Section 21 of the Arbitration and Conciliation Act, 1996 indicates that there is no nomination made by the petitioner.
4. Reserving liberty to the petitioner to nominate its arbitrator, the petition stands disposed of.
SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 106