- 1 - HC-KAR NC: 2026:KHC:13701 CMP No. 707 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.707 OF 2025 BETWEEN: 1. M/S DURGA FACILITY MANAGEMENT SERVICES (PVT) LTD HAVING ITS REGISTERED OFFICE AT BONDALA ANNEX, SURYA NARAYANA TEMPLE ROAD, MAROLI KULSHEKAR, MANGALURU - 575 005. REPRESENTED BY ITS MANAGING DIRECTOR, MR. B. SACHIDANANDA SHETTY. …PETITIONER (BY SRI. THANOJ KUMAR.,ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS PRINCIPAL CHIEF MEDICAL DIRECTOR, MOORE MARKET COMPLEX, SOUTHERN RAILWAY, CHENNAI - 600 003. 2. THE GENERAL MANAGER SOUTHERN RAILWAY, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13701 CMP No. 707 of 2025 HEADQUARTERS OFFICE, GENERAL BRANCH, CHENNAI - 600 003. 3. THE CHIEF MEDICAL SUPERINTENDENT DIVISIONAL OFFICE/MEDICAL BRANCH, SOUTHERN RAILWAY ADMINISTRATION, PALAKKAD DIVISION, PALAKKAD - 678 009, KERALA. …RESPONDENTS (BY SRI. SHIVAKUMAR, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT AN INDEPENDENT AND IMPARTIAL SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES ARISING UNDER THE AGREEMENT FOR WORKS DATED 08.08.2016, IN SUBSTITUTION OF THE INOPERATIVE APPOINTMENT PROCEDURE CONTAINED IN CLAUSES 63 AND 64 OF THE GENERAL CONDITION OF CONTRACT OF ANNEXURE - A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13701 CMP No. 707 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. Learned counsel appearing for the petitioner invited the attention of the Court to Clause 64(1)(i) of the Agreement for Works dated 08.08.2016 (Annexure-A). 3. On the other hand, learned counsel appearing for the respondents submitted that based on the aforementioned Arbitration Clause, an Arbitrator was appointed and has passed an Award dated 16.01.2023 and the said Award was challenged by the petitioner herein in A.P. No.162/2023 under S.34 of the Arbitration and Conciliation Act and the said petition came to be allowed by the learned District Judge and therefore, he submitted that again on the very same cause of action, the petitioner cannot seek for appointment of an Arbitrator. 4. Having taken note of the submissions made by the learned counsel appearing for the parties, on careful consideration of the Award dated 16.01.2023 passed by the learned Arbitrator as well as the same having been questioned - 4 - HC-KAR NC: 2026:KHC:13701 CMP No. 707 of 2025 before the I Addl. District and Sessions Judge at Mangaluru, in A.P.No.162/2023 by the petitioner herein which came to be allowed on 13.10.2025 (Annexure-G), and therefore, I am of the view that, the petitioner cannot be permitted to agitate the very same cause of action once again for appointment of an Arbitrator by way of this Civil Miscellaneous Petition. 5. Accordingly, the Civil Miscellaneous Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 32