- 1 - HC-KAR CNR: KAHC010048642025 NC: 2026:KHC:49221-DB COMAP No. 32 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEAL NO. 32 OF 2025 BETWEEN: SRI. PRASAD RAYIPATI RAY ENVIRON 48 YEARS R/AT FLAT NO.4251, 'PHEONIX ONE' BANGALORE WEST, RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU- 560 010. …APPELLANT (BY SRI. ZULFIKIR KUMAR SHAFI., ADVOCATE) AND: 1. THE CHIEF ENGINEER RURAL WATER SUPPLY AND SANITARY DEPARTMENT, EARLIER KNOWN AS PANCHAYAHTHRAJ ENGINEERING DEPARTMENT EARLIER OFFICE SITUATED AT GRAMINABHIVRUDHI BHAVAN, ANANDRAO CIRCLE, BENGALURU- 560 009. PRESENTLY OFFICE SITUATED AT 1ST FLOOR, KHB-E-BLOCK CAUVERY BHAVAN, BENGALURU- 560 009. 2. HON'BLE SOLE ARBITRATOR SRI. H.G. RAMESH FORMER JUDGE, Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010048642025 NC: 2026:KHC:49221-DB COMAP No. 32 of 2025 HIGH COURT OF KARNATAKA ARBITRATION AND CONCILIATION CENTRE BENGALURU (DOMESTIC AND INTERNATIONAL) III FLOOR, EAST WING, KHANIJABHAVAN, RACE COURSE ROAD, BENGALURU-560 001. …RESPONDENTS THIS COMAP / COMMERCIAL APPEAL UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 R/W SEC.37 OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED DT.25.11.2024 IN COM.A.P.NO.90/2024 PASSED BY THE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (COMMERCIAL COURT) (CCH-85), BENGALURU, CONSEQUENTLY SET-ASIDE THE AWARD DT.05.03.2024 IN A.C.NO.412/2022 PASSED BY THE JUSTICE H.G.RAMESH, SOLE ARBITRATOR AT ARBITRATION AND CONCILIATION CENTRE, BENGALURU, (DOMESTIC AND INTERNATIONAL), HEREIN. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Arbitration Act’ for short) has been filed impugning the order dated 25.11.2024 passed by the LXXXIV - 3 - HC-KAR CNR: KAHC010048642025 NC: 2026:KHC:49221-DB COMAP No. 32 of 2025 Additional City Civil and Sessions Judge (Commercial Court)(CCH-85), at Bengaluru in Com.A.P.No.90/2024. Filed under Section 34 of the Arbitration Act for setting aside the award dated 05.03.2024 in Arbitration case No. 412/2022 passed by the sole Arbitrator. 2. Before invoking the arbitration, the appellant has accepted a sum of Rs.59,71,05,646/- on 12.09.2019. While accepting the said amount, he has made an endorsement (Exhibit P54) which would read as under: “I also hereby undertake not to proceed with any recourse, legal or otherwise, any any fora for any additional amount and above Rs.59,71,05,646/- offered and I have also submit that, as of now there is no other fora other than the dues mentioned in this letter, in which I have to take course, legal or otherwise. I thereby request that, the matter may be settled expeditiously in the best interest of all the parties concerned.” 3. After having written so and accepting the amount of Rs.59,71,05,646/- on 12.09.2019, the appellant invoked the arbitration clause for claim of Rs.214,46,52,860/-. The learned Arbitrator has rejected the said claim on the ground that the appellant had - 4 - HC-KAR CNR: KAHC010048642025 NC: 2026:KHC:49221-DB COMAP No. 32 of 2025 already received Rs.59,71,05,646/- towards full and final settlement of all his claims under the two agreements which were entered into between him and the Government. 4. The appellate Court has also dismissed the appeal. We do not find that there is any ground as enumerated in Section 37 of the Arbitration and Conciliation Act to interfere with the impugned order passed by the Arbitrator and the appellate Court. We find no merit in this appeal, therefore, we dismiss this appeal. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 1 Sl No.: 1