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2026 DAILYLAW 8752 (KAR)

NSL CONSTRUCTION PRIVATE LIMITED v. M/S RAJIV GANDHI HOUSING CORPORATION LTD

CMP/459/2025 · 2026-03-23

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16377 CMP No. 459 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 459 OF 2025 BETWEEN: NSL CONSTRUCTION PRIVATE LIMITED NO.93, SAI COMPLEX, IV TH FLOOR 1ST "A" MAIN ROAD, 1ST STAGE, SECTOR "A" YELAHANKA NEWTOWN, BENGALURU - 560 064, REP. BY ITS DIRECTOR SRI P.N.NAGABHUSHAN …PETITIONER (BY SRI. BAPAT SAMPATH VINAYAKA RAO, ADVOCATE) AND: M/S RAJIV GANDHI HOUSING CORPORATION LTD CAUVERY BHAVAN, 8TH FLOOR, E AND F BLOCK, KEMPEGOWDA ROAD, BENGALURU - 560 009. REP. BY CHIEF ENGINEER (RGHCL BENGALURU). …RESPONDENT (BY SRI. NAGAIAH & SRI. SHREEDEEP N., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A SOLE ARBITRATOR UNDER ARBITRATION CLAUSE 24 TO RESOLVE THE DISPUTES AND OUTSTANDING ISSUES Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16377 CMP No. 459 of 2025 BETWEEN THE PARTIES IN ACCORDANCE WITH THE PROVISION OF THE AGREEMENT BEARING NO.RGHCL/OLH/CE/29-AVVELAHALLI-10/2021-2022 VIDE ANNEXURE-A AND IN CONSONANCE WITH ARBITRATION AND CONCILIATION ACT, 1996, IN THE INTEREST OF JUSTICE AND EQUITY. 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 has sought for appointment of an Arbitrator for resolution of the dispute as per the Agreement dated 18.01.2022 (Annexure-A). 2. The appointment of an Arbitrator was opposed by the learned counsel appearing for the respondent stating that, there is a termination of the Agreement. 3. In that view of the matter, having taken note of the language employed in the clause providing for appointment of an Arbitrator in the Agreement dated - 3 - HC-KAR NC: 2026:KHC:16377 CMP No. 459 of 2025 18.01.2022 (Annexure-A), I am of the view that, the appointment of an Arbitrator is necessitated. 4. Hon'ble Mrs. Justice M.G. Uma, former Judge, High Court of Karnataka be appointed to act as a Sole Arbitrator in the Arbitration and Conciliation Centre, Bengaluru as per the extant Rules. 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, 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. 8. Since the parties are represented through their learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on - 4 - HC-KAR NC: 2026:KHC:16377 CMP No. 459 of 2025 17.04.2026 at 11.00 a.m. to enable the learned Arbitrator to take further action in the matter. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 29