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2026 DAILYLAW 2664 (KAR)

M/S. SARAOGI BUILDERS LIMITED v. UNION OF INDIA

CMP/402/2025 · 2026-04-08

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:19178 CMP No. 402 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.402 OF 2025 BETWEEN: 1. M/S. SARAOGI BUILDERS LIMITED HAVING REGISTERED OFFICE AT 244-252, C-BLOCK, SIRSA, 125055-HARYANA, ALSO AT 1-B, GROUND FLOOR, VIPUL AGORA BUILDING, M.G. ROAD, GURGAON-122 002, THROUGH ITS DIRECTORS/AUTHORIZED REPRESENTATIVE, MR. JAINENDER SARAOGI, S/O. SH. KUL BHUSHAN SARAOGI, MOB 9811990604 EMIAL info@saraogibuiders.com/info@saraogigroups.com …PETITIONER (BY SMT. DEEPIKA HUNGENAHALLY, ADVOCATE) AND: 1. UNION OF INDIA THROUGH CHIEF ENGINEER (AF) MILITARY ENGINEER SERVICES, NO.2, DC AREA, MES ROAD, YESWANTHPUR, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19178 CMP No. 402 of 2025 KARNATAKA-560 022, (EMAIL cezafb2-mes@nic.in) 2. UNION OF INDIA THROUGH ENGINEER IN CHIEF INTEGRATED HQ OF MOD (ARMY) KASHMIR HOUSE, RAJAJI MARG, NEW DELHI-110 011. (EMAIL dircont1einc-mes@nic.in) …RESPONDENTS (BY SMT. SADHANA DESAI S. ASG ) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO ALLOW THE PRESENT PETITON AND APPOINT A SOLE ARBITRATOR IN TERMS OF CLAUSE 7 AT SRL.NO.130 OF SUBJECT CONTRACT BEARING NO.CE(AF)/BAN/06 OF 2017-18 (ANNEXURE A) DATED 18.11.2016 AT PAGE NO.130 R/W ARBITRATION CONDITION 70 OF THE GENERAL CONDITIONS CONTRACT (ANNEXURE L) AT PAGE NO.579, DULY EXECUTED BY AND BETWEEN THE PARTIES, AND AS PROVIDED UNDER THE PROVISIONS OF SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996, SO AS TO ADJUDICATE THE DISPUTES AND DIFFERENCES OF ARBITRAL NATURE, WHICH HAVE ARISEN BETWEEN PETITIONER AND RESPONDENT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:19178 CMP No. 402 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. This petition is filed under S.11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of Arbitrator in terms of Clause 7 at Serial No.130 of the Subject contract as per Annexure-A dated 18.11.2016 read with Arbitration Condition No.70 of the General Conditions of Contract executed between the parties as per Annexure-L, for resolution of disputes between the parties. 3. Having taken note of the submissions made by the learned counsel appearing for the parties and taking into account the lis between the parties, I am of the view that, the dispute has to be resolved by an independent Arbitrator to be appointed by this Court. Accordingly, Shri. S.R. Somasekhara, retired District Judge, is hereby appointed as the sole Arbitrator to resolve the dispute between the parties. - 4 - HC-KAR NC: 2026:KHC:19178 CMP No. 402 of 2025 4. Since parties are represented through their learned counsel, the parties are directed to appear before the Arbitration and Conciliation Centre, Race Course Road, Bengaluru, on 30.04.2026 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to dispose of the matter. 5. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Shri. S.R. Somasekhara, retired District Judge, forthwith. 6. Accordingly, this Civil Miscellaneous Petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 23