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2026 DAILYLAW 22491 (KAR)

M/S KMV PROJECTS LIMITED, v. THE EXECUTIVE DIRECTOR

CMP/116/2026 · 2026-06-19

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30360 CMP No. 118 of 2026 C/W CMP No. 116 of 2026 CMP No. 117 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 118 OF 2026 C/W CIVIL MISC. PETITION NO. 116 OF 2026 CIVIL MISC. PETITION NO. 117 OF 2026 IN CMP No. 118/2026 BETWEEN: M/S KMV PROJECTS LIMITED, HEAD OFFICE SITUATED AT 12A, 12TH FLOOR, D.NO-2-91/5, TRENDSET JAYABHERI CONNECT, KOTHAGUDA X ROAD, KONDAPUR, HYDERABAD-500084 REPRESENTED BY ITS VICE PRESIDENT SRI.TARANATH.D ALSO AT KMV PROJECTS LIMITED REGIONAL OFFICE 4TH FLOOR, NO.28,NAGAPPA STREET NEHRU CIRCLE, NEXT TO SESHADRIPURAM COLLEGE SESHADRIPURAM, BANGALORE 560 020. …PETITIONER (BY SRI. ZULFIKIR KUMAR SHAFI.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30360 CMP No. 118 of 2026 C/W CMP No. 116 of 2026 CMP No. 117 of 2026 AND: THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (KRIES), NO.8, MSB-1, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BANGALORE-560 052. …RESPONDENT (BY SRI. SHISHIRA AMARNATH.,ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO, APPOINT JUSTICE ASHOK B. HINCHAGIRI, (RETIRED), HIGH COURT OF KARNATAKA OR ANY OTHER RETIRED HIGH COURT JUDGE TO ADJUDICATE THE DISPUTE AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT ARISING OUT OF THE AGREEMENT DATED 06.03.2018 VIDE ANNEXURE A IN THE ABOVE MATTER IN PURSUANCE OF CLAUSE NO. 24 OF GENERAL CONDITIONS OF CONTRACT R/W CLAUSE NO. 4 OF SPECIAL CONDITIONS OF CONTRACT AND TO PASS SUCH OTHER SUITABLE ORDERS AS NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. IN CMP NO. 116/2026 BETWEEN: M/S KMV PROJECTS LIMITED, NO. 83-948/949 - 3 - HC-KAR NC: 2026:KHC:30360 CMP No. 118 of 2026 C/W CMP No. 116 of 2026 CMP No. 117 of 2026 LEVEL 4 SDITAIRE PLAZA BESIDE IMAGE HOSPITAL AMEERPET, HYDERBAD - 50073 REPRESENTED BY ITS VICE PRESIDENT SRI. TARANATH.D. ...PETITIONER (BY SRI. ZULFIKIR KUMAR SHAFI.,ADVOCATE) AND: THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (KRIES), NO.8, MSB-1, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BANGALORE-560 052. ...RESPONDENT (BY SRI. SHISHIRA AMARNATH.,ADVOCATE) THIS CMP IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT JUSTICE ASHOK B. HINCHAGIRI, (RETIRED), HIGH COURT OF KARNATAKA OR ANY OTHER RETIRED HIGH COURT JUDGE TO ADJUDICATE THE DISPUTE AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT ARISING OUT OF THE AGREEMENT DATED 18.06.2016 VIDE ANNEXURE - A IN THE ABOVE MATTER IN PURSUANCE OF CLAUSE 24 OF CONDITIONS OF CONTRACT R/W CLAUSE NO.4 OF THE CONDITIONS OF CONTRACT. IN CMP NO. 117/2026 BETWEEN: M/S KMV PROJECTS LIMITED, NO.83-948/949 - 4 - HC-KAR NC: 2026:KHC:30360 CMP No. 118 of 2026 C/W CMP No. 116 of 2026 CMP No. 117 of 2026 4TH FLOOR, SOLITAIRE PLAZO BESIDE IMAGE HOPSITAL AMEERPET, HYDERBAD -560 073 REPRESENTED BY ITS VIDE PRESIDENT SRI TARANATH D. ..PETITIONER (BY SRI. ZULFIKIR KUMAR SHAFI.,ADVOCATE) AND: THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (KRIES), NO.8, MSB-1, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BANGALORE-560 052. ...RESPONDENT (BY SRI. SHISHIRA AMARNATH.,ADVOCATE) THIS CMP IS FILED U/S. 11(6) OF ARBITRATION AND CONCILIATION ACT PRAYING TO APPOINT JUSTICE ASHOK B. HINCHAGIRI, RETIRED), HIGH COURT OF KARNATAKA OR ANY OTHER RETIRED HIGH COURT JUDGE TO ADJUDICATE THE DISPUTE AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT ARISING OUT OF THE AGREEMENT DATED 03.11.2017 VIDE ANNEXURE A IN THE ABOVE MATTER IN PURSUANCE OF PROVISIONS OF THE ARBITRATION (CLAUSE 24) OF CONDITIONS OF CONTRACT. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 5 - HC-KAR NC: 2026:KHC:30360 CMP No. 118 of 2026 C/W CMP No. 116 of 2026 CMP No. 117 of 2026 ORAL ORDER The petitioner, after conclusion of three separate agreements, has executed construction of certain facilities for the respondent. The agreements have uniform Clauses for arbitration, and the arbitration must be at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. The petitioner asserts that the respondent has to settle monetary claims under the three agreements. There is no dispute about the existence of the arbitral agreement or the arbitral nature of the dispute. In fact, both Mr. Zulfikir Kumar Shifi, the learned counsel for the petitioner, and Mr. Shishira Amarnath, the learned counsel for the respondent, state that a former Judge of this Court can be appointed as the sole arbitrator to enter reference of the dispute at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru leaving open all questions to be considered in such arbitral proceedings. In the light of the afore, the following: ORDER [a] The petitions are allowed. - 6 - HC-KAR NC: 2026:KHC:30360 CMP No. 118 of 2026 C/W CMP No. 116 of 2026 CMP No. 117 of 2026 [b] Hon'ble Sri. Justice K N Keshavanarayana, 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 proceedings 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 and Conciliation Centre (Domestic and International), Bengaluru and also to Hon'ble Sri Justice K N Keshavanarayana, a former Judge of this Court, Address: No.10, “MANASA”, Singapore Gardens, G,F.I, Gubbalala Gate, Kanakapura Road, Bengaluru - 560 062 [e-mail id: keshavnarayan@rediffmail.com] as required under the Appointment of Arbitrators by - 7 - HC-KAR NC: 2026:KHC:30360 CMP No. 118 of 2026 C/W CMP No. 116 of 2026 CMP No. 117 of 2026 the Chief Justice of Karnataka High Court Scheme, 1996. Sd/- (B M SHYAM PRASAD) JUDGE AN/-