- 1 - HC-KAR NC: 2026:KHC:7195-DB WP No. 38575 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE G BASAVARAJA WRIT PETITION NO. 38575 OF 2025 (GM-RES) BETWEEN: M/S SPARTAN HOUSING (LLP) AT 10TH FLOOR, GAMMA BLOCK, SIGNMA SOFT PARK NO. 7, WHITEFIELD, AIRPORT MAIN ROAD, BENGALURU 560 066 NOW AT MIRAYA ROSE BY UKN, NO. 66/1, SIDDAPURA VILLAGE, HAL VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU 560 066 REPRESENTED BY ITS VICE PRESIDENT OPERATION, MR. SUDHIR KUMAR MISHRA mishra@ukn.co.in …PETITIONER (BY SRI. NAVKESH BATRA, ADVOCATE) AND: 1. M/S S V ENTERPRISES NO.8, VENKATESHAPPA LAYOUT, HALAGEVADARAHALLI, RAJARAJESHWARI NAGAR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7195-DB WP No. 38575 of 2025 BANGALORE- 560 098, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. NARAYAN G. PANICKER …RESPONDENT THIS WP FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO a) SET ASIDE THE IMPUGNED ORDER, DATED 24/10/2025 PASSED BY THE LEARNED SOLE ARBITRATOR HONBLE MR. JUSTICE (RETD.) SUBHASH B.ADI IN A.C.NO.609/2023 (ANNEXURE-A) ON SPARTANs APPLICATION ON PRELIMINARY ISSUE, b) DISMISS THE CLAIM PETITION IN A.C.NO.609/2023 AS NOT MAINTAINABLE AS BARRED BY LIMITATION AND/OR RESJUDICATA / CONSTRUCTIVE RESJUDICATA, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) This writ petition has been filed by the petitioner, who is a respondent in arbitration proceedings between the parties before the learned sole Arbitrator, Justice Subhash B.Adi, former Judge of this Court. 2. The petitioner is aggrieved by the order dated 24.10.2025 passed by the learned Arbitrator on an - 3 - HC-KAR NC: 2026:KHC:7195-DB WP No. 38575 of 2025 application filed by the petitioner under Section 16(1), (2) and (3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) read with Rule 9 of the Arbitration and Conciliation Centre Rules, 2012. 3. The application was filed by the petitioner alleging that the dispute raised by the claimant was beyond the reference and barred by principle of Res judicata. 4. In pursuance of the order passed by this Court dated 28.08.2023 in CMP No.410/2021, the arbitration Tribunal was constituted for adjudicating the disputes arising out of work orders issued by the respondent in favour of the claimant. It is stated in the application that the Arbitral Tribunal should not entertain any dispute which was not the subject matter of reference. 5. Learned Arbitrator having considered the submissions advanced by the parties has dismissed the application filed by the petitioner by the impugned order. - 4 - HC-KAR NC: 2026:KHC:7195-DB WP No. 38575 of 2025 6. If the Arbitral Tribunal delivers an award in respect of a claim/counter claim, not the subject matter of contract or reference between the parties, it would always be open to the parties to challenge the award under Section 34 of the Act. We are of the considered view that this writ petition is not maintainable against an interim order passed by the Arbitral Tribunal. 7. In that view of the aforesaid, this writ petition is dismissed as not maintainable leaving it open to the petitioner to take recourse to the appropriate remedy as may be available to them under the provisions of the Act. Parties are at liberty to canvass all the contentions available to them at the time of final hearing before the Tribunal. Sd/- (D K SINGH) JUDGE Sd/- (G BASAVARAJA) JUDGE AKC List No.: 1 Sl No.: 2