- 1 - HC-KAR NC: 2025:KHC:46257 CMP No. 471 of 2025 C/W CMP No. 472 of 2025 CMP No. 484 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. 471 OF 2025 C/W CIVIL MISC. PETITION NO. 472 OF 2025 CIVIL MISC. PETITION NO. 484 OF 2025 IN CMP NO. 471/2025 BETWEEN: M/S HINDUSTAN CONSTRUCTIONS A PARTNERSHIP FIRM (REGISTERED) HAVING ITS PLACE OF BUSINESS AT 2-36/8, RAJMAHAL, BEHIND KANKANADY RAILWAY STATION, PADIL, MANGALORE 575007 REPRESENTED BY ITS PARTNER MR.VARUNRAJ AMBAT S/O SHASHIRAJ AMBAT AGED ABOUT 32 YEARS RESIDING AT RAJ MAHAL 2-36/8, BEHIND MANGALORE JUNCTION RAILWAY STATION, VIJAYNAGARA ALAPE PADIL, MANGALORE 575007 …PETITIONER (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) AND: NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE 575010 REPRESENTED BY ITS CHIEF ENGINEER (CIVIL) CIVIL ENGINEERING DEPARTMENT …RESPONDENT (BY SRI. ANUP SEETHARAM RAO, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A SOLE ARBITRATOR TO DECIDE AND ADJUDICATE UPON THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER THE ARBITRATION Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46257 CMP No. 471 of 2025 C/W CMP No. 472 of 2025 CMP No. 484 of 2025 AGREEMENT IN CLAUSE NO. 75 OF THE AGREEMENT DATED 08.09.2021 BEARING NO. CEA/19/2021-22 WHICH IS AT ANNEXURE A AND ETC., IN CMP NO. 472/2025 BETWEEN: M/S HINDUSTAN CONSTRUCTIONS A PARTNERSHIP FIRM (REGISTERED) HAVING ITS PLACE OF BUSINESS AT 2-36/8, RAJMAHAL, BEHIND KANKANADY RAILWAY STATION, PADIL, MANGALORE 575007 REPRESENTED BY ITS PARTNER MR.VARUNRAJ AMBAT S/O SHASHIRAJ AMBAT AGED ABOUT 32 YEARS RESIDING AT RAJ MAHAL 2-36/8, BEHIND MANGALORE JUNCTION RAILWAY STATION, VIJAYNAGARA ALAPE PADIL, MANGALORE 575007 …PETITIONER (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) AND: NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE 575010 REPRESENTED BY ITS CHIEF ENGINEER (CIVIL) CIVIL ENGINEERING DEPARTMENT …RESPONDENT (BY SRI. ANUP SEETHARAM RAO, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) AND (6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO DECIDE AND ADJUDICATE UPON THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER THE ARBITRATION AGREEMENT IN CLAUSE NO. 75 OF THE AGREEMENT DATED 02.12.2021 BEARING NO. CEA/45/2021-22 WHICH IS AT ANNEXURE A AND ETC., - 3 - HC-KAR NC: 2025:KHC:46257 CMP No. 471 of 2025 C/W CMP No. 472 of 2025 CMP No. 484 of 2025 IN CMP NO. 484/2025 BETWEEN: M/S HINDUSTAN CONSTRUCTIONS A PARTNERSHIP FIRM (REGISTERED) HAVING ITS PLACE OF BUSINESS AT 2-36/8, RAJMAHAL, BEHIND KANKANADY RAILWAY STATION, PADIL, MANGALORE 575007 REPRESENTED BY ITS PARTNER MR.VARUNRAJ AMBAT S/O SHASHIRAJ AMBAT AGED ABOUT 32 YEARS RESIDING AT RAJ MAHAL 2-36/8, BEHIND MANGALORE JUNCTION RAILWAY STATION, VIJAYNAGARA ALAPE PADIL, MANGALORE 575007 …PETITIONER (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) AND: NEW MANGALORE PORT TRUST PANAMBUR, MANGALORE 575010 REPRESENTED BY ITS CHIEF ENGINEER (CIVIL) CIVIL ENGINEERING DEPARTMENT …RESPONDENT (BY SRI. ANUP SEETHARAM RAO, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) AND (6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO DECIDE AND ADJUDICATE UPON THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER THE ARBITRATION AGREEMENT IN CLAUSE NO. 25.2 OF THE AGREEMENT DATED 16.08.2021 BEARING NO. CEA/13/2021-22 WHICH IS AT ANNEXURE A AND ETC., THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 4 - HC-KAR NC: 2025:KHC:46257 CMP No. 471 of 2025 C/W CMP No. 472 of 2025 CMP No. 484 of 2025 ORAL ORDER 1. The petitioner in CMP No.471/2025 is before this Court seeking for the following reliefs; a. Appoint a sole Arbitrator to decide and adjudicate upon the dispute between the Petitioner and the Respondent as per the arbitration agreement in clause No. 75 of the Agreement dated 08.09.2021 bearing No. CEA/19/2021- 22 which is at Annexure A. b. For the cost of the Petition. c. For such other and further relief this honourable court deems fit in the interest of justice and equity based on the nature and circumstance so the case. 2. The petitioner in CMP No.472/2025 is before this Court seeking for the following reliefs; a. Appoint a sole Arbitrator to decide and adjudicate upon the dispute between the Petitioner and the Respondent as per the arbitration agreement in clause No. 75 of the Agreement dated 02.12.2021 bearing No. CEA/45/2021- 22 which is at Annexure A. b. For the cost of the Petition. c. For such other and further relief this honourable court deems fit in the interest of justice and equity based on the nature and circumstance so the case. - 5 - HC-KAR NC: 2025:KHC:46257 CMP No. 471 of 2025 C/W CMP No. 472 of 2025 CMP No. 484 of 2025 3. The petitioner in CMP No.484/2025 is before this Court seeking for the following reliefs; a. Appoint a sole Arbitrator to decide and adjudicate upon the dispute between the Petitioner and the Respondent as per the arbitration agreement in clause No. 25.2 of the Agreement dated 16.08.2021 bearing No. CEA/13/2021-22 which is at Annexure A. b. For the cost of the Petition. c. For such other and further relief this honourable court deems fit in the interest of justice and equity based on the nature and circumstance so the case. 4. After arguing for some time, learned counsel for respondent submits that a former Judge of District Judiciary may be appointed as sole arbitrator keeping all contentions open. 5. In that view of the matter, I pass the following: ORDER i. The CMPs are allowed. ii. Shri.Moosa Kunhi Nayarmoole, a Former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator. - 6 - HC-KAR NC: 2025:KHC:46257 CMP No. 471 of 2025 C/W CMP No. 472 of 2025 CMP No. 484 of 2025 iii. The arbitration shall be conducted in Mangalore. iv. The parties shall appear before the arbitrator on the date, time and venue fixed by the Arbitrator. v. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. vi. All the contentions are kept open. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 96