- 1 - HC-KAR NC: 2026:KHC:32148 CMP No. 84 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 84 OF 2026 BETWEEN: M/S. MA BUILDERS H NO.2003, GALI NO.20 SUBHASH MOHALLA, NORTH GONDA NEW DELHI - 110 053. …PETITIONER (BY SMT. SOWMYA SRIDHAR., ADVOCATE) AND: M/S.ITI DEPARTMENT OF SCIENCE AND TECHNOLOGY BANGALORE PLANT, DOORVANI NAGAR, BENGALURU, KARNATAKA, INDIA - 560016. …RESPONDENT (BY SRI. RICAB CHAND K., ADVOCATE FOR MS. GRINOFF CHARLES., ADVOCATE) THIS CMP IS FILED UNDER 11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR AS THIS HONBLE Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32148 CMP No. 84 of 2026 COURT DEEM FIT, AND REFER THE DISPUTES BETWEEN THE PARTIES TO ARBITRATION AS CONTAINED IN ARBITRATION CLAUSE 5 WHICH STATES FOR 5. IN THE EVENT ANY DISPUTE ARISING IN CONNECTION WITH THIS CONTRACT, IT IS FURTHER AGREED THAT SUCH DISPUTES SHALL BE REFERRED TO THE SOLE ARBITRATION OF AN ENGINEER OFFICER TO BE APPOINTED BY THE CHAIRMAN / MANAGING DIRECTOR OF THE COMPANY. UNDER THE AGREEMENTS DATED 22.02.2022 (AT ANNEXURE A) TO ARBITRATION ARBITRATION CLAUSE PARA 5 IN ANNEXURE A, PAGE NO. 22; APPOINT A SOLE ARBITRATOR AS THIS HONBLE COURT DEEM FIT, AND REFER THE DISPUTES BETWEEN THE PARTIES TO ARBITRATION AS CONTAINED IN ARBITRATION CLAUSE 5 WHICH STATES FOR 5. IN THE EVENT ANY DISPUTE ARISING IN CONNECTION WITH THIS CONTRACT, IT IS FURTHER AGREED THAT SUCH DISPUTES SHALL BE REFERRED TO THE SOLE ARBITRATION OF AN ENGINEER OFFICER TO BE APPOINTED BY THE CHAIRMAN / MANAGING DIRECTOR OF THE COMPANY. UNDER THE AGREEMENTS DATED 23.03.2022 (AT ANNEXURE A1) TO ARBITRATION CLAUSE PARA 5 IN ANNEXURE A1 PAGE NO. 30. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:32148 CMP No. 84 of 2026 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has executed certain works contract for the respondent after its offer is accepted and the dispute relates to the petitioner's claim for certain payment for such work. The agreement for arbitration is not in dispute, but the respondent asserts that the petitioner's claim is time barred because the petitioner, notwithstanding the settled proposition, has availed remedy under the Micro, Small and Medium Enterprises Development Act, 2006 [for short, 'the MSMED Act'] for conciliation and has approached this Court only after the disposal of such application. Ms. Soumya Sridhar, the learned counsel for the petitioner, and Mr. Ricab Chand K, the learned counsel for the respondent, are heard. Apart from the terms of the contract and the petitioner’s claim, another aspect of the controversy is whether the - 4 - HC-KAR NC: 2026:KHC:32148 CMP No. 84 of 2026 petitioner can be permitted exclusion of the time spent in prosecuting the application under the MSMED Act. This Court is of the view that this is also an aspect that could be considered by the arbitral Tribunal. The petitioner's claim is for around Rs.65 lakhs with interest, and in the circumstances, Ms. H N Rahat Afshan, a retired Senior Civil Judge, is appointed as the sole Arbitrator who could enter reference of the dispute at the Arbitration and Conciliation Center [Domestic and International], Bengaluru. Hence, the following: ORDER [a] The petition is allowed, and Ms. H N Rahat Afshan, a retired Senior Civil Judge, is appointed as the sole arbitrator to enter reference of the dispute between the petitioner and respondent and conduct the proceeding at the Arbitration - 5 - HC-KAR NC: 2026:KHC:32148 CMP No. 84 of 2026 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 Ms. H N Rahat Afshan, No.B-106, Vaishnavi Oasis, Near Tippu Circle, J P Nagar 9th Phase, Bengaluru – 560 108 [Email:rahat.afshan@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 - 6 - HC-KAR NC: 2026:KHC:32148 CMP No. 84 of 2026 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 04.08.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE AN/-