- 1 - HC-KAR NC: 2025:KHC:28270 WP No. 13191 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 13191 OF 2020 (GM-TEN) BETWEEN: K.R. CHIDAMBARA PROP. KUSHAL ENTERPRISES, S/O. RADHAKRISHNA, AGED ABOUT 36 YEARS, NO. 1, 12TH BLOCK, SBM LAYOUT, SRIRAMPURA, 2ND STAGE, MYSURU-570 034. …PETITIONER (BY SRI. RADHAKRISHNA, ADVOCATE) AND: 1. GENERAL MANAGER SOUTH WESTERN RAILWAY, HUBBALI - 580 031. 2. DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY, MYSURU - 570 001. 3. ADDL. DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY, MYSURU - 570 001. 4. SENIOR SIGNAL AND TELECOMMUNICATION Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28270 WP No. 13191 of 2020 ENGINEER, SOUTH WESTERN RAILWAY, MYSURU - 570 001. …RESPONDENTS (BY SRI. CHANDRACHUD A., ASSISTANT SOLICITOR GENERAL FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ANNUAL MAINTENANCE CONTRACT (CAMC) AGREEMENT OF WORKS NO.2153/2019/S AND T/09 DTD 31.05.2019 AT ANNX-V DTD 02.03.2020 BY SHORT CLOSURE OF THE CONTRACT VIDE ANNX-Z/5 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: "i) Issue Writ in the nature of Writ of Certiorari quashing the impugned order issued by 4th Respondent, the Senior Divisional Signal & Telecommunication Engineer, South Western Railway Mysuru terminating the Comprehensive Annual Maintenance Contract (CAMC) agreement of works No. 2153/ 2019/ S&T/09 dated 31.05.2019 at Annexure - V, vide order No. Y/SG 191/III/2018/223 dated 02.03.2020 by short closure of the contract, at Annexure- Z/5. ii) issue a writ or any other writ or direction in the nature of Mandamus directing the 4th Respondent, the Senior Divisional Signal & Tele-communication Engineer, - 3 - HC-KAR NC: 2025:KHC:28270 WP No. 13191 of 2020 (Sr.DSTE) S. W. Railway Mysuru to restore the Petitioners Comprehensive Annual Maintenance Contract (CAMC) agreement of works No. 2153/2019/ S&T/09 dated 31.05.2019 at Annexure-V by allowing the Petitioner to execute the work in the interest of justice and equity. iii) issue a writ or any other writ or direction in the nature of Mandamus directing the 4th Respondent to procure the Respondent to procure the cheaper Computer software maintenance service from the Petitioner, compared to the Computer software maintenance service procured from outside agency at the 3000% exorbitantly higher rate (at Annexure- Z-14) than the rate per month offered by the petitioner, a rate anti- exchequer, illegal, having himself short closed the petitioner's contract proclaiming "it is felt that this work (Computer maintenance) is no more required". at Annexure-Z-7 flouting all procedural aspects contained in tender document. iv) issue a writ or any other writ or direction in the nature of Mandamus ordering to settle all the expenditureincurred and invested by the Petitioner to execute the contract agreement for full term of the Contractual period as detailed in Annexure Z-6 and damages of Rs. 15 lakh for terminating the Petitioners Contract out of bias and mental harassment. v) issue a writ or any other writ or direction in the nature of Mandamus ordering disciplinary enquiry against the 4th Respondent Sr. DSTE/SWR/Mysuru in respect of the petitioner's complaint pending against him without any action against him from higher officers of the Railway department. vi) To grant such other relief as deemed fit to be granted in the facts and circumstances of the case in favour of the Petitioner and against the Respondents." 2. After arguing for some time, Sri.Chandrachud.A., learned counsel for respondent Nos.1 to 4 on instructions submits that since in the present matter - 4 - HC-KAR NC: 2025:KHC:28270 WP No. 13191 of 2020 not only the termination of the contract but several other issues are intertwined with each other. The respondents are agreeable for the entire matter to be referred to Arbitration. 3. Both the counsels are agreeable for Sri.Kukkaje Ramakrishna Bhat, a former member of the District Judiciary of the Karnataka Judiciary, to be appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration and Conciliation Centre - Bengaluru (Domestic and International), according to the Arbitration & Conciliation Centre Rules, 2012. 4. In that view of the matter, Sri.Kukkaje Ramakrishna Bhat, is appointed as a sole Arbitrator for the Arbitration and Conciliation Centre to be conducted under the aegis of the Arbitration & Conciliation Centre Rules, 2012 and the Director of Arbitration and Conciliation Centre - Bengaluru (Domestic and - 5 - HC-KAR NC: 2025:KHC:28270 WP No. 13191 of 2020 International) is directed to make necessary arrangements by taking the above reference on the file of the Arbitration Centre. 5. In view of the aforementioned, the petition is disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE BKN List No.: 1 Sl No.: 19