- 1 - HC-KAR NC: 2026:KHC:25774 CMP No. 195 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 195 OF 2025 BETWEEN: M/S. EAST COAST CONSTRUCTIONS AND INDUSTRIES LIMITED REGISTERED OFFICE AT BUKHARIA BUILDINGD, NO. 4 MOORES ROAD, CHENNAI 600006. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR S A MOHAMED MOHIDEEN …PETITIONER (BY SRI. VIVEKANANDA S., ADVOCATE) AND: THE EXECUTIVE ENGINEER (PROJECT - 2) BANGALORE WATER SUPPLY AND SEWERAGE BOARD CMC -3, PINAKINI BHAVAN, 3RD FLOOR, DODDABALLAPURA MAIN ROAD, YELAHANKA NEWTOWN, BENGALURU - 560064. …RESPONDENT (BY SRI. SHRINIVAS B S.,ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25774 CMP No. 195 of 2025 1996., PRAYING TO APPOINT OF HONBLE MR. JUSTICE A.V. CHADNRASHEKAR RETIRED JUDGE, HIGH COURT OF KARNATAKA, BENGALURU AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE ARISING OUT OF AGREEMENT BEARING NO. 6/BWSSB/ACE(CMC)/KMRP/2C/2010-11 DATED 07.05.2010 AT ANNEXURE B AS PER CLAUSE NO. 4(f) AT PAGE NO. 65 (INTERAL PAGE NO. 32) SEC. V OF CONDITIONS OF CONTRACTS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of a former judge of this Court as the sole arbitrator to enter reference of the dispute with the respondent which has entrusted to it construction of a Sewerage System in the erstwhile Byatarayanapura City Municipal Council area [Zone- 2C]. The petitioner asserts a dispute contending that the respondent is liable to pay a sum of - 3 - HC-KAR NC: 2026:KHC:25774 CMP No. 195 of 2025 Rs.4,67,12,389/- under different heads. The agreement between the petitioner and the respondent on resolution of dispute by arbitration is contained in the Special Conditions of Contract appended to the work order. If in Clause- 25.3 of the Conditions of Contract, the petitioner and the respondent have agreed for resolution of dispute by an arbitrator in accordance with the procedure mentioned in the Special Conditions of Contract, Clause-4 of the Special Conditions of Contract stipulates that where the value of the contract is Rs.50 Million and below, the dispute shall be referred to a sole arbitrator. The petitioner has caused notice dated 14.11.2024 calling upon the respondent to answer the claim or to agree for appointment of a former Judge of this Court as the sole arbitrator and there is no response to this notice. The question of appointment of sole arbitrator is considered in the light of these circumstances, and - 4 - HC-KAR NC: 2026:KHC:25774 CMP No. 195 of 2025 this Court is persuaded to opine that there is a binding agreement for resolution of dispute by a sole arbitrator and that there is an arbitrable dispute. In the light of the afore, the following: ORDER [a] The petition is allowed. [b] Hon'ble Smt. Justice K. S. Mudagal, a former Judge of this Court, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. All questions are left open for due consideration. [c] The Registry is directed to communicate this order [by e-mail] to the Arbitration - 5 - HC-KAR NC: 2026:KHC:25774 CMP No. 195 of 2025 and Conciliation Centre (Domestic and International), Bengaluru and also to Hon'ble Smt. Justice K.S. Mudagal, a former Judge of this Court, Address: Flat No.602, ‘H’ Block, Pride Enchanta, Mysore Road, Opp. to BHEL, Bengaluru-560 026 [e-mail id: pranaam1999@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. Sd/- (B M SHYAM PRASAD) JUDGE NV