- 1 - HC-KAR NC: 2026:KHC:13698 CMP No. 386 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.386 OF 2025 BETWEEN: 1. M/S STCPL-TSRK JOINT VENTURE SWARNA CITY CENTRE, STATION ROAD HUBBALLI - 580 220 REP. BY ITS AUTHORIZED SIGNATORY T. SURESH KUMAR REDDY. …PETITIONER (BY SRI. VASU DEVA NAIDU S., ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, GADAG ROAD, HUBBALLI-580020. 2. THE CHIEF ADMINISTRATIVE OFFICER, SOUTH WESTERN RAILWAY, NO.18, MILLERS ROAD, BENGALURU -560046. 3. THE CHIEF ENGINEER/CONSTRUCTION/III SOUTH WESTERN RAILWAY, BANGALORE CANTONMENT, BENGALURU - 560046. 4. THE DEPUTY CHIEF ENGINEER /CONSTRUCTION/ SOUTH WESTERN RAILWAY, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13698 CMP No. 386 of 2025 BANGALORE CANTONMENT, BENGALURU - 560046. …RESPONDENTS (BY SRI. VINAY V., CGC) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTES AND OUTSTANDING ISSUES BETWEEN THE PARTIES IN ACCORDANCE WITH THE PROVISIONS UNDER CLAUSE 63 & 64 OF SECTION GCC PAGE 396 AND OF THE AGREEMENT BEARING NO.SWR/SWRC/CIVIL/2023/0054 DATED 22.08.2023 MARKED AS ANNEXURE-D IN CONFORMITY WITH ARBITRATION AND CONCILIATION (AMEND) 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 1. Heard learned counsel appearing for the parties. 2. In this petition, the petitioner is seeking appointment of an Arbitrator, based on the Agreement dated 22.08.2023 (Annexure-D) and Clause 63 and 64 of GCC which provides for appointment of an Arbitrator. - 3 - HC-KAR NC: 2026:KHC:13698 CMP No. 386 of 2025 3. Learned counsel for the petitioner submitted that in terms of Clause 63 and 64 of GCC, respondents failed to constitute an Arbitral Tribunal within 120 days, and therefore, the petitioner was constrained to approach this Court, for appointment of an independent Arbitrator and not from the respondent - Railways. 4. On careful consideration of the aforementioned provision at Clause 64.3 provides for appointment of an Arbitrator consisting of the Gazetted Officer of Railways. However, taking into consideration that the learned counsel appearing for the petitioner has sought for appoint of an independent Arbitrator not from the respondent - Railways, I am of the view that, 8Shri. M. Ramesh Rao, former District Judge be appointed as Arbitrator to resolve the dispute between the parties to this Civil Miscellaneous Petition. 5. 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 08.04.2026 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to dispose of the matter. - 4 - HC-KAR NC: 2026:KHC:13698 CMP No. 386 of 2025 5. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Shri. M. Ramesh Rao, former District Judge, forthwith. 6. Accordingly, this Civil Miscellaneous Petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 29