- 1 - HC-KAR NC: 2025:KHC:53674 CMP No. 416 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 416 OF 2025 BETWEEN: M/S MAHESH ELECTRICALS AND TELECOM FLATE NO.205, AJINKYATARA BUILDING, ABOVE DATA CARE, GANESH MALA BUS STOP, NEAR SAVAI HOTEL, SINHAGADA ROAD, PUNE 411030. REPRESENTED BY ITS SOLE PROPRIETOR SHANKAR HANMANTRAO KAGNE, AGED ABOUT 46 YEARS …PETITIONER (BY SRI. VISHNU PALASAMUDRAM VENKATESH, ADVOCATE) AND: 1. HUBLI ELECTRICITY SUPPLY COMPANY LIMITED REPRESETED BY ITS SUPERINTENDING ENGINEER (EL) PROJECTS MONITORING CELL, HAVING ITS OFFICE CORPORATE OFFICE AT HESCOM, NAVANAGAR, P B ROAD, HUBBALLI 580025. 2. HUBLI ELECTRICITY SUPPLY COMPANY LIMITED REPRESENTED BY ITS MANAGING DIRECTOR HAVING ITS OFFICE CORPORATE OFFICE AT HESCOM NAVANAGAR, P B ROAD, HUBBALLI 580025. …RESPONDENTS (BY SRI.H.V.DEVARAJ, ADVOCATE FOR R1 & R2) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT A SOLE ARBITRATOR IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT 1996 AND CLAUSE 39.2 OF THE GENERAL CONDITIONS OF CONTRACT (GCC) AT ANNEXURE AD, PAGE 209 TO ADJUDICATE UPON THE DISPUTES AND DIFFERENCES BETWEEN THE PETITIONER AND THE RESPONDENTS UNDER THE CONTRACT OR IN THE ALTERNATIVE, TO Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53674 CMP No. 416 of 2025 CONFIRM THE NOMINEES OF THE PARTIES AND APPOINT THE PRESIDING ARBITRATOR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.H.V.Devaraj., learned counsel had entered appearance for respondents No.1 and 2. Registry is directed to print his name as such and delete the name of Ms.Sumana Naganand., as that appearing for the respondents No.1 and 2. 2. The petitioner is before this Court seeking for the following reliefs: a. To appoint a sole arbitrator in accordance with the provisions of the arbitration and conciliation act 1996 and clause 39.2 of the general conditions of contract (GCC) at annexure ad, page 209 to adjudicate upon the disputes and differences between the petitioner and the respondents under the contract or in the alternative, to confirm the nominees of the parties and appoint the presiding arbitrator. b. To pass such other or further order/s as this Hon'ble court may deem fit in the circumstances of the case and thus render justice. 3. After arguing for sometime, both the counsels submit that though the arbitration Clause contemplates the - 3 - HC-KAR NC: 2025:KHC:53674 CMP No. 416 of 2025 arbitral tribunal of three arbitrators, the parties wish to have a sole arbitrator to be appointed. 4. They submit that any independent arbitrator could be appointed to arbitrate the dispute between the parties, by keeping all contentions open. 5. In that view of the matter, I pass the following; ORDER i. CMP is allowed. ii. Shri Justice H.N.Nagmohan Das, former Judge of this Court is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & - 4 - HC-KAR NC: 2025:KHC:53674 CMP No. 416 of 2025 Conciliation Centre without requirement of any notice at 2.30 p.m. on 12.1.2026. v. All contentions are kept open. vi. Original and/or certified copies if produced are directed to be returned to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 62