- 1 - HC-KAR NC: 2026:KHC:22475 CMP No. 747 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.747 OF 2025 BETWEEN: 1. M/S. ABBU SAMBASIVA REDDY CLASS 1 CONTRACTOR, NO.B3, SREE ARCADE LAYOUT 4TH BLOCK, DB SANDRA, VIDYARANYAPURA, BENGALURU-560 097, KARNATAKA REPRESENTED BY THE PROPRIETOR OF THE FIRM ABBU SAMBASIVA REDDY E-MAIL idabbusambasiva@gmail.com +91 7975517566/99455 68501, (THROUGH SRI. PRAKASH G. PAWAR AND RAVIKIRAN P. PAWAR, ADVOCATES, NO.B 14-89, TYPE-1, BDA 2ND PHASE (NEAR NEW KSCA STADIUM), ALUR, BANGALORE NORTH-562162, KARNATAKA) …PETITIONER (BY SRI. RAVIKIRAN P. PAWAR, ADVOCATE) AND: 1. THE HUTTI GOLD MINES COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT III FLOOR, KHB COMPLEX, NATIONAL GAMES VILLAGE, KORAMANGALA, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22475 CMP No. 747 of 2025 BENGALURU -560 047 AND ALSO OFFICE AT HUTTI-584 115, RAICHUR DISTRICT, KARNATAKA REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE EXECUTIVE DIRECTOR THE HUTTI GOLD MINES COMPANY LIMITED HUTTI-584 115, RAICHUR DISTRICT, KARNATAKA. 3. THE DEPUTY GENERAL MANAGER (ENGG) THE HUTTI GOLD MINES COMPANY LIMITED HUTTI-584 115, RAICHUR DISTRICT, KARNATAKA. 4. THE DEPUTY GENERAL MANAGER (MATERIALS) THE HUTTI GOLD MINES COMPANY LIMITED HUTTI-584 115, RAICHUR DISTRICT, KARNATAKA. …RESPONDENTS (BY SMT. SHILPA S. GOGI, ADVOCATE) THIS CMP IS FILED U/S. 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE AND RESOLVE THE DISPUTES AND DIFFERENCES BETWEEN THE PETITIONER AND RESPONDENTS, AS PER CLAUSE 6 OF THE SPECIAL CONDITIONS (ANNEXURE-A) AND CLAUSE 7 OF THE - 3 - HC-KAR NC: 2026:KHC:22475 CMP No. 747 of 2025 AGREEMENT DATED 4TH JULY, 2020 (ANNEXURE B) BY REFERRING THE MATTER TO ARBITRATION CENTER AND APPOINT EITHER A.V. CHANDRASHEKAR, RETIRED HIGH COURT JUDGE, NO. 406, ASHUTOSH 3RD FLOOR, RAM SRIDHAR APARTMENTS, 2ND CROSS, 9TH MAIN BTM LAYOUT, BENGALURU 560076. OR V.V. ANGADI RETIRED DISTRICT JUDGE, NO. 1240, 14TH MAIN ROAD, JUDICIAL LAYOUT, JAKKUR YELAHANKA BENGALURU - 560065. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, wherein petitioner has sought for appointment of an Arbitrator based on Clause 6 of the Tender Document dated 04.05.2019(Annexure-A) and Clause 7 of the Agreement dated 04.07.2020(Annexure-B), for resolution of the disputes between the parties. - 4 - HC-KAR NC: 2026:KHC:22475 CMP No. 747 of 2025 3. It is argued by the learned counsel for the petitioner by referring to the Arbitration Clause as well as the notice under S.21 of the Arbitration and Conciliation Act, that the appointment of an Arbitrator is necessitated. 4. In this regard, Smt. Shilpa S. Gogi, learned counsel for the respondents submitted that the respondents have addressed letter to the petitioner, inviting him for discussion relating to payment matters as per Annexure-R15 dated 10.01.2026, however, since the same was not replied by the petitioner, and accordingly, learned counsel for the respondents opposed the appointment of Arbitrator. 5. In the light of the submissions made by the learned counsel appearing for the parties, on plain reading of the Clause 6 of the Tender Document at Annexure-A, makes it clear that the dispute or differences arising between the parties have to be resolved by sole Arbitrator. However, in the said Agreement, there is no express provision for the discussion to be made before the appointment of Arbitrator or sending a notice under S.21 of the Act. In that view of the matter, I am of the view that, appointment of an Arbitrator is necessitated. - 5 - HC-KAR NC: 2026:KHC:22475 CMP No. 747 of 2025 Accordingly, Hon'ble Justice Shri. Sreenivas Harish Kumar, former Judge of this Court, is hereby appointed as the sole Arbitrator to resolve the dispute between the parties. 6. 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 08.06.2026 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to dispose of the matter. 7. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Hon'ble Justice Shri. Sreenivas Harish Kumar, former Judge of this Court, forthwith. 8. Accordingly, this Civil Miscellaneous Petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 33