M/S KUNDUR CONTRUCTIONS PVT. LTD v. PRATAAP S. WADHWA

(BY SRI. CHAMARAJ M., ADVOCATE) AND: PRATAAP S. WADHWA NO.1016/6/2, JAKKUR, OPP. 5TH MAIN ROAD, G.K.V.K. LAYOUT, BENGALURU - 560 064. ALSO RESIDING AT: NO.170, TARAKA, 10TH MAIN, SADASHIVANAGARA, BENGALURU - 560 080. SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA …RESPONDENT (BY SRI. AJESH KUMAR S., ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRAL TRIBUNAL CONSISTING OF SOLE ARBITRATOR FROM THE PANEL OF - 2 - NC: 2025:KHC:34496 CMP NO.440 OF 2024 HC-KAR ARBITRATORS AT THE ARBITRATION AND CONCILIATION CENTRE, BENGALURU IN CONSONANCE WITH THE CIRCULAR ISSUED BY THE GOVERNMENT OF KARNATAKA VIDE CIRCULAR NO.LAW 273 LAC 2012 (P) TO ADJUDICATE AND RESOLVE THE CLAIMS OF THE PETITIONER-SERVICE PROVIDER AGAINST THE RESPONDENT ARISING OUT OF THE WORK ORDER DATED 12TH FEBRUARY, 2021 VIDE ANNEXURE-A AS PER CLAUSE SETTLEMENT OF DISPUTES/ARBITRATION. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 based on the clause provided for Settlement of Disputes in Work Order dated 12th February, 2021 (Annexure-A), seeking appointment of Arbitral Tribunal consisting of Sole Arbitrator from the panel of Arbitrators at the Arbitration and Conciliation Centre, Bengaluru.

#2. Heard Sri. Chamaraj M., learned counsel appearing for the petitioner and Sri. Ajesh Kumar S., learned counsel appearing for the respondent.

#3. Sri. Chamaraj M., learned counsel appearing for the petitioner refers to the clause provided for Settlement of Disputes/Arbitration in the Work Order dated 12th February, 2021 for resolution of dispute by Arbitration and submitted - 3 - NC: 2025:KHC:34496 CMP NO.440 OF 2024 HC-KAR that, in view of the Notice dated 06th May, 2024 (Annexure-D) has been issued by the petitioner, the Arbitrator has to be appointed by this Court.

#4. Per contra, Sri. Ajesh Kumar S., learned counsel appearing for the respondent by referring to the paragraph 3 of the statement of objections filed by the respondent submits that, though the Notice dated 06th May, 2024 (Annexure-D) is issued to the respondent, the name of the Arbitrator is not mentioned in the Notice issued as per Section 11 of the Arbitration and Conciliation Act, 1996. Accordingly, he sought for dismissal of the petition.

#5. In the light of submission made by learned counsel appearing for the parties, I am of the view that, it is appropriate to appoint a sole Arbitrator to resolve the dispute between the petitioner and the respondent. Therefore, Sri. M.G. Sudheendra, District Judge (retired) is appointed as sole Arbitrator to resolve the dispute between the parties at the Arbitration Conciliation Centre (Domestic International), Bengaluru. In order to avoid further delay in the matter, parties are directed to appear before the Arbitration - 4 - NC: 2025:KHC:34496 CMP NO.440 OF 2024 HC-KAR and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru on 26th September, 2025 at 11.00 a.m.

#6. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.

#7. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru for proceeding further in the matter.

#8. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 21