- 1 - HC-KAR NC: 2026:KHC:27215 CMP No. 436 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 436 OF 2025 BETWEEN: D GANESH SHANKAR S/O LATE CHINNA VENKANNA, AGED ABOUT 69 YEARS, RESIDENT OF SRIHARI NILAYAM, NO.37, 8TH CROSS, KGE LAYOUT, RMV 2ND STAGE, BANGALORE-540094. …PETITIONER (BY SRI. HARISH KUMAR M S., ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER SOUTH-WESTERN RAILWAY COMMERCIAL BRANCH BENGALURU-560023. 2. SENIOR DIVISIONAL MECHANICAL ENGINEER SOUTH-WESTERN RAILWAY COMMERCIAL BRANCH BENGALURU-560023. …RESPONDENTS (BY SRI. AJAY PRABHU M., ADVOCATE FOR R1 AND R2) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27215 CMP No. 436 of 2025 THIS CMP IS FILED U/S. 11(6) OF ARBITRATION AND CONCILIATION ACT PRAYING TO APPOINT AN INDEPENDENT ARBITRATOR TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND RESPONDENT RELATING TO TENDER NOTIFICATION NO. B/C. 521/BRL/2/2004 OF 09.08.2004 VIDE ANNEXURE A AS PER THE CLAUSE 64(1) (iii) OF THE GCC CLAUSE VIDE ANNEXURE Q AND TO PASS SUCH OTHER ORDERS. 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 is entrusted with the work of Washing and Dry Cleaning of Bedroll/Bed Linen of Railways. The petitioner has executed this work during the years 2005 and 2010. The petitioner has caused correspondence with the South Western Railway Authorities for payment of certain dues with the authorities informing vide Communication dated 29.06.2015 [Annexure-H] that no bills are pending for consideration. - 3 - HC-KAR NC: 2026:KHC:27215 CMP No. 436 of 2025 2. However, with the petitioner pursuing further correspondence, the Divisional Commercial Manager/Senior Divisional Commercial Manager has caused Communication dated 30.01.2023 [Annexure- M] informing the petitioner that the Accounts Department has sought for clarification and that the petitioner must produce documents which would be verified by the Accounts Department. The petitioner has produced certain documents, and after this Communication dated 30.01.2023, the Office of the General Manager, South Western Railway has issued Communication dated 26.06.2023 [Annexure-P] stating that his request to appoint an arbitrator is not being considered because his claim is time barred. 3. Sri Ajay Prabhu M., the learned counsel for the respondent, relies upon these circumstances to contend that the petitioner's claim [the principal amount of Rs.1,00,000/-] is time barred, but - 4 - HC-KAR NC: 2026:KHC:27215 CMP No. 436 of 2025 Sri.Harish Kumar M.S, the learned counsel for the petitioner, submits that the Communication dated 30.01.2023 would constitute an acknowledgment of debt and therefore the claim at this stage cannot be called time barred. Whether the Communication dated 30.01.2023 constitutes an acknowledgment of debt for the petitioner is an aspect that must be considered in the arbitral proceedings, and this Court is of the view that at this stage it cannot be held that the petition is ex facie barred by limitation. 4. At this stage, Sri Harish Kumar M.S. and Sri Ajay Prabhu M. are heard on whether a former judicial officer must be appointed as a sole arbitrator instead of providing for the constitution of a Tribunal. This Court opines that, in the circumstances of the case, a former Senior Civil Judge must be appointed as the sole arbitrator, and with this being put to both the learned counsels, the following: - 5 - HC-KAR NC: 2026:KHC:27215 CMP No. 436 of 2025 5. ORDER [a] The petitions are allowed, and Sri A. V. Vaidya, a retired Senior Civil Judge, is appointed as the sole arbitrator to enter reference of the dispute between the petitioners and respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. [b] The Registry is directed to communicate this order [through email] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and Shri A. V. Vaidya, a retired Senior Civil Judge, - 6 - HC-KAR NC: 2026:KHC:27215 CMP No. 436 of 2025 Address: Flat No.T-3, SSP Apartment, Udayanagar, 2nd Cross, Uttarahalli Main Road, Chikkalasandra, Bengaluru - 560061 [email: annaji.w1953@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. [c] The submissions of the learned counsels that the addresses of the parties as mentioned in the cause title are also the current address of the parties is taken on record, and the parties are directed to appear before the Director, the Arbitration and Conciliation Centre [Domestic and International], Bengaluru, on 22.07.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE