M/S Disha Engineering v. The Union of India

ORDER [A] The petition is allowed.

[B] Dr. G. Ashwatha Narayana, a former Secretary, PWD & Irrigation, Government of Karnataka, is appointed as the sole arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. All questions are left open for due consideration. [C] The Registry is directed to communicate this order [by e-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Dr. G. Ashwatha Narayana, Address No. No.290/33, Maruthikrupa, 11th Cross,

4th Main, Mahalakshmi Layout, Bengaluru – [e-mail: aswath1935@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. [D] The submissions of the learned counsels that the addresses of the parties as mentioned in the cause title are also the current addresses of the parties is taken on record, and the parties are directed to appear before the Director, Arbitration Centre, Bengaluru on 31.08.2026 at

11.30 a.m.

Sd/- (B M SHYAM PRASAD) JUDGE

SA Ct:sr

NC:(2026:KHC:34452( CMP(No.(20(of(2026( ( , ,,HC-KAR( ( ( A INATHEAHIGHACOURTAOFAKARNATAKAAATABENGALURUA THDATEDATHISATHEA8 ADAYAOFAJULYA2026A BEFOREA THEAHON'BLEAMR.AJUSTICEABAMASHYAMAPRASADA CIVILAMISC.APETITIONANO.A20AOFA2026AA A BETWEEN:AA A - M/S-DISHA-ENGINEERING- A-SOLE-PROPRIETORSHIP-CONCERN,-- HAVING-ITS-OFFICE-AT-NO.-766,-- ST ST1 -FLOOR,-1 -MAIN-ROAD,-- ND TH 2 -PHASE,-6 -BLOCK,-- RDBSK-3 -STAGE,-BANGALORE-560-085.- REPRESENTED-BY-ITS-PROPRIETOR,- MR.-THIMMARAJU-H.- Digitally …PETITIONER-signedtiby VANAMALA0N (BY-SRI.-VIVEK-G-BALLEKERE.,-ADVOCATE)- Location: HIGH0COURT AND:A OF A KARNATAKA - THE-UNION-OF-INDIA- BY-CENTRAL-PUBLIC-WORKS-- DEPARTMENT-(CPWD)-MYSORE,- -NIRMAN-BHAWAN,-T-NARASIPURA-ROAD,- SIDDHARTHANAGAR,-- MYSURU---570011.- REPRESENTED-BY-THE-EE-MYSORE-CPWD.- …RESPONDENT- (BY-SRI.-CHANDRACHUD-A.,-ADVOCATE)- THIS CMP IS FILED U/S. 11(6) OF ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO APPOINT A SOLE, INDEPENDENT, AND IMPARTIAL ARBITRATOR, SUCH AS A RETIRED JUDGE, OF THIS COURT OR ANY OTHER PERSON OF IMPECCABLE ITEGRITY, TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT IN CONNECTION WITH AGREEMENT NO. 1/ADG/MYCD/2020-21 DATED 25.04.2020 VIDE ANNEXURE B ARBITRATION CLAUSE AS PER CLAUSE 25 OF THE GENERAL CONDITIONS OF CONTRACT WHICH IS HEREWITH PRODUCED AS ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner and the respondent are parties to a contract under which the respondent has assigned certain construction work to the petitioner. The petitioner asserts an actionable claim against the respondent. This Court, on 04.06.2026, has formulated the following question which encapsulates the circumstances in which the petition must be decided. "Should this Court appoint an arbitrator, or should the petitioner be relegated to remedy under Section of the Arbitration and Conciliation Act, 1996 notwithstanding the termination of the arbitration during the pendency of these proceedings on the ground that the petitioner has not filed the claim petition." However, both Sri Vivek G.B., the learned counsel for the petitioner, and Sri A. Chandrachud, the learned counsel for the respondent, on instructions, submit that a technical person on the panel with the Bengaluru Arbitration and Conciliation Center could be appointed as a sole arbitrator to enter reference of the dispute between the petitioner and the respondent. In the light of the afore, the following: