- 1 - HC-KAR CNR: KAHC010317822026 NC: 2026:KHC:46465 CMP No. 239 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 239 OF 2026 BETWEEN: M/S UNITED SALES CORPORATION A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT S-14, SACRED WORLD, S. NO. 75/2/2B. JAGTAP CHOWK, WANAWADI, PUNE 411 040 REP BY ITS MANAGING PARTNER MR. BADRI MANDER …PETITIONER (BY SRI. RAGHAVENDRA S., ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY DEFENCE SECRETARY # 25074, 5TH FLOOR KARTAVYA BHAVAN-2 NEW DELHI-110 001 2. ENGINEER-IN-CHIEF DIRECTORATE CONTRACT MANAGEMENT, MILITARY ENGINEER SERVICES, INTEGRATED HQ OF MOD (ARMY) KASHMIR HOUSE, RAJAJI MARG, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010317822026 NC: 2026:KHC:46465 CMP No. 239 of 2026 NEW DELHI-110001 3. HQ CHIEF ENGINEER (AIR FORCE) NO. 2 DC AREA, MES ROAD, YESHWANTHPURA, BANGALORE -560 022 4. COMMANDER WORKS ENGINEER AIR FORCE HQ SAC, IAF COMPLEX, AKKULAM THURUVIKKAL POST, TRIVANDRUM, 695011 5. THE GARRISON ENGINEER (AF) SULUR MILITARY ENGINEER SERVICE, KANGAYAMPALAYAM POST COIMBATORE DISTRICT-641 401 …RESPONDENTS (BY SRI. BHEEMAIAH.K.S., ADVOCATE FOR R1) THIS CMP IS FILED U/S. 11(5) AND (6) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT ANY INDEPENDENT PERSON, HAVING A DEGREE IN ENGINEERING OR EQUIVALENT OR HAVING PASSED FINAL / DIRECT FINAL EXAMINATION OF SUB DIVISION II OF INSTITUTION OF SURVEYOR (INDIA) RECOGNIZED BY GOVERNMENT OF INDIA; B) ANY OTHER PERSON, AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAS ARISEN BETWEEN THE PARTIES HEREIN IN ACCORDANCE WITH CLAUSE 70 OF THE GENERAL CONDITION OF THE CONTACT AT ANNEXURE-C ARISING OUT OF TENDER ACCEPTANCE AGREEMENT DATED 25.10.2017 AT ANNEXURE- B. - 3 - HC-KAR CNR: KAHC010317822026 NC: 2026:KHC:46465 CMP No. 239 of 2026 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 petition is for the appointment of a sole arbitrator. Mr. Raghavendra S, the learned counsel for the petitioner, submits that a Panel of Arbitrators has been notified on 19.03.2025 and any member from this Panel could be appointed as the sole arbitrator. Mr. Bheemaiah K S, the learned counsel for the respondents, submits that the first Officer mentioned in the Panel [Mr. Akhilesh Kumar, Spl DG, CPWD] may be appointed as the sole arbitrator without prejudice to the respondents’ defence. In the light of the afore, the following. ORDER The petition is allowed, and Mr. Akhilesh Kumar, Spl DG, CPWD, who is mentioned in the Panel of Arbitrators dated 19.03.2025, is appointed as the sole - 4 - HC-KAR CNR: KAHC010317822026 NC: 2026:KHC:46465 CMP No. 239 of 2026 arbitrator reserving liberty to the petitioner to file a copy of this order with the learned arbitrator, who shall enter reference of the dispute upon receipt of a certified copy of this order for the conduct of the proceedings as per the applicable Rules. Sd/- (B M SHYAM PRASAD) JUDGE RB