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2026 DAILYLAW 7072 (KAR)

M/S. GOWRI INFRA ENGINEERS PRIVATE LIMITED v. PRINCIPAL SECRETARY

CMP/433/2025 · 2026-03-16

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15294 CMP No. 433 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.433 OF 2025 BETWEEN: 1. M/S. GOWRI INFRA ENGINEERS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 NOW HAVING ITS REGISTERED OFFICE AT NO.1600, 3RD FLOOR, 5TH STAGE, BEML SOCIETY, 80 FEET ROAD, HALUGEDEVARAHALLI, RAJARAJESHWARINAGAR, BENGALURU - 560 098 REPRESENTED BY ITS MANAGING DIRECTOR MR. CHANDRA KUMAR T. …PETITIONER (BY SMT. RUPALI K. TRIVEDI, ADVOCATE) AND: 1. PRINCIPAL SECRETARY KARNATAKA HOUSING BOARD NO.213, 2ND FLOOR, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15294 CMP No. 433 of 2025 VIKAS SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER, KARNATAKA SLUM DEVELOPMENT BOARD, NO.55, ABHAYA COMPLEX, RISALDAR STREET, SESHADRIPURAM, BENGALURU-560 020. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2) THIS CMP IS FILED UNDER SECTION 11(5) AND 11(6) (a) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR UNDER CLAUSE 24 OF THE CONTRACT AGREEMENT BEARING NO.29/2019-19, DATED 19.05.2018 (ANNEXURE - A ) ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENT, TO ADJUDICATE THE DISPUTE ARISEN BETWEEN THE PETITIONER AND RESPONDENT IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15294 CMP No. 433 of 2025 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 of the Arbitration and Conciliation Act, 1996, praying to appoint a sole Arbitrator for adjudication of the dispute between the parties invoking Clause 24 of the Contract Agreement dated 19.05.2018, as per Annexure-A to the Petition. In this regard, learned counsel for the respondent submitted that the appointment of Arbitrator is necessitated as the said provision provides for resolution of dispute by an Arbitrator. 3. Having taken note of the submissions made by the learned counsel appearing for the parties and also the Judgment of the Hon'ble Supreme Court in the case of M/S. DURO FELGUERA S.A. Vs. M/S. GANGAVARAM PORT LIMITED reported in (2017) 9 SCC 729, I am of the view that, appointment of an Arbitrator is necessitated. - 4 - HC-KAR NC: 2026:KHC:15294 CMP No. 433 of 2025 4. 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 15.04.2026 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to dispose of the matter. 5. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Shri. R.M. Vaidya, retired District Judge, forthwith. 6. Accordingly, this Civil Miscellaneous Petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 48