- 1 - HC-KAR CNR: KAHC010249232026 NC: 2026:KHC:50787 CMP No. 162 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO. 162 OF 2026 BETWEEN: M/S N N CONSTRUCTIONS NO.4, DEVAGIRI ELITE, GF-002 7TH CROSS, 1ST BLOCK, JAYANAGAR BENGALURU-560011 REP. BY ITS PROPRIETOR SRI B. N. JAGADEESHWAR …PETITIONER (BY SRI. BAPAT SAMPATH VINAYAKA RAO., ADVOCATE) AND: 1. UNION OF INDIA REP. BY GENERAL MANAGER SOUTH WESTERN RAILWAY RAIL SADAN, 3RD FLOOR, EAST WING GADAG ROAD, HUBBALLI-580 020. 2. CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION) SOUTH WESTERN RAILWAY NO.18, MILLERS ROAD BENGALURU-560 046. 3. CHIEF ENGINEER/CN/II/BNC (PLANNING) SOUTH WESTERN RAILWAY NO.18, MILLERS ROAD BENGALURU - 560 046. 4. DY. CE/CN/IV/BNC SOUTH WESTERN RAILWAY Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010249232026 NC: 2026:KHC:50787 CMP No. 162 of 2026 NO.18, MILLERS ROAD BENGALURU 560 046. …RESPONDENTS (BY SRI. SHIVAKUMAR., ADVOCATE FOR R1 TO R4) THIS CMP IS FILED UNDER SECTION 11(6) READ WITH SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON ALL DISPUTES AND CLAIMS BETWEEN THE PETITIONER AND THE RESPONDENTS ARISING UNDER CLAUSE 64 OF GENERAL CONDITIONS OF CONTRACT ARISING OUT OF THE CONTRACT AGREEMENT BEARING NO.CAO/CN/BNC/ 74608/A/170/XII/19 VIDE ANNEXURE –B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), seeking appointment of a Sole Arbitrator for adjudication of the disputes that have arisen between the petitioner and the respondents under the Agreement for Works dated 24.12.2019 (Annexure-B) and General Conditions of Contract, GCC September 2019 (Annexure-C). Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010249232026 NC: 2026:KHC:50787 CMP No. 162 of 2026 2. Petitioner is a sole proprietary concern engaged in the business of works contracts and has been executing high value works for Railways for 15 years. The respondent No.1-Union of India, represented by General Manager, South Western Railways, and respondent Nos.2 to 4, Officers of Southern Western Railway, have issued Letter of Acceptance dated 23.09.2019 (Annexure-A) in favour of the petitioner for the purpose of construction work. Pursuant to the said Letter of Acceptance, the parties executed a formal Agreement dated 24.12.2019 (Annexure-B) governed by the General Conditions of Contract (GCC) of Railways (Annexure-C). Subsequently, disputes arose between the parties in relation to the said contract. 3. The General Conditions of Contract (GCC) of the Railways (Annexure-C) contain an arbitration clause, namely, Clause 64, which provides for resolution of Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010249232026 NC: 2026:KHC:50787 CMP No. 162 of 2026 disputes arising between the parties under the contract through arbitration. 4. The petitioner, invoking the said arbitration clause, issued a notice dated 05.05.2025 (Annexure-D) to the respondents under Section 21 of the Act. The respondents, in their reply, denied the claims and allegations made by the petitioner. Since the petitioner was not satisfied with response of the respondents and as the disputes between the parties remain unresolved, the petitioner has filed the present petition. 5. Notice issued by this Court has been duly served upon the respondents and they have been represented through their counsel. 6. In view of the above, and having regard to the existence of the arbitration clause contained in the Agreement, this Court is of the opinion that a Sole Arbitrator is required to be appointed for adjudication of Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010249232026 NC: 2026:KHC:50787 CMP No. 162 of 2026 the disputes between the parties. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Hon’ble Mr.Justice P.Krishna Bhat, Former Judge, High Court of Karnataka, is appointed as the Sole Arbitrator in the present case to arbitrate the disputes between the parties at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. c) All the claims and contentions of the parties are kept open. d) Registry is directed to communicate this order via E-mail to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, and also to Hon’ble Mr.Justice P.Krishna Bhat. e) Registry is directed to return all the original documents produced by any of the parties after obtaining Photostat copies of the same. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010249232026 NC: 2026:KHC:50787 CMP No. 162 of 2026 f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 16.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 34 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA