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2026 DAILYLAW 518 (KAR)

BEML LIMITED v. WILH LOESCH INDIA PRIVATE LIMITED

CMP/85/2025 · 2026-04-06

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18427 CMP NO.85 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.85 OF 2025 BETWEEN: BEML LIMITED SCHEDULE 'A' COMPANY UNDER MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, HAVING ITS CORPORATE OFFICE AT: 'BEML SOUDHA', NO.23/1, 4TH MAIN, S.R. NAGAR, BENGALURU - 560 027. REP. BY ITS AUTHORISED SIGNATORY. …PETITIONER (BY SRI. NISCHAL DEV B.R., ADVOCATE) AND: 1. WILH. LOESCH INDIA PRIVATE LIMITED UNIT NO.1711/1712, SOLUS, HIRANANDANI ESTATE, PATILPADA, THANE (W), MAHARASHTRA - 400 607. REP. BY ITS AUTHORISED SIGNATORY. 2. WILH. LOESCH SEALAND INDIA PVT. LTD. UNIT NO.1711/1712, SOLUS, HIRANANDANI ESTATE, PATILPADA, THANE (W), MAHARASHTRA - 400 607. REP. BY ITS AUTHORISED SIGNATORY. …RESPONDENTS (RESPONDENTS - SERVED) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18427 CMP NO.85 OF 2025 THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN INDEPENDENT AND IMPARTIAL SOLE ARBITRATOR FOR REFERENCE OF THE DISPUTES ARISING OUT OF OR RELATING TO THE WORK ORDER DATED 13TH SEPTEMBER, 2021 AND AMENDED WORK ORDER DATED 04TH FEBRUARY, 2022 PERTAINING TO THE E-TENDER DATED 05TH FEBRUARY, 2021 ISSUED BY THE PETITIONER IN FAVOUR OF THE RESPONDENT PURSUANT TO CLAUSE 18 OF THE COMMERCIAL TERMS AND CONDITIONS OF THE E-TENDER VIDE ANNEXURE-A. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner is seeking an appointment of Arbitrator to resolve the disputes between the parties arising out of Work Order dated 13th September, 2021 and Amended Work Order dated 04th February, 2022 pertaining to the Tender Notice dated 05th February, 2021 (Annexure-A) in terms of Clause 18 of Commercial Terms and Conditions of the said Tender Notice. - 3 - HC-KAR NC: 2026:KHC:18427 CMP NO.85 OF 2025 2. Heard Sri. Nischal Dev B.R., learned counsel appearing for the petitioner. Respondents are served and remained absent. 3. Having taken note of the submission made by learned counsel appearing for the parties, I have carefully perused Clause 18 of the Commercial Terms and Conditions of the Tender Notice dated 05th February, 2021 (Annexure-A), which provides for resolution of dispute between the parties through an Arbitration. In that view of the matter, I am of the view that, a former judge of this Court be appointed as Arbitrator to resolve the dispute between the parties. 4. Therefore, Hon'ble Mr. Justice Ram Mohan Reddy, Former Judge of this Court is appointed as an Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. 5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and - 4 - HC-KAR NC: 2026:KHC:18427 CMP NO.85 OF 2025 International), Khanija Bhavan, Bengaluru for proceeding further in the matter. 7. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 2 Sl No.: 29