Karnataka High Court
K R Dhruvakumara vs General Manager on 22 July, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:28269
WP No. 13424 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 13424 OF 2020 (GM-TEN)
BETWEEN:
K R DHRUVAKUMARA
S/O RADHAKRISHNA
AGED 35 YEARS
KALLUR-NAGANAHALLI,
YELWALA HOBLI, MYSORE TALUK AND
MYSURU DISTRICT - 571 130.
...PETITIONER
(BY SRI. RADHAKRISHNA, ADVOCATE)
AND:
1. GENERAL MANAGER
SOUTH WESTERN RAILWAY, HUBLI-580031.
2. CHIEF WORKS MANAGER
Digitally signed
by SHWETHA CENTRAL WORKSHOP
RAGHAVENDRA SOUTH WESTERN RAILWAY
Location: HIGH
COURT OF MYSORE - 570 008.
KARNATAKA
3. WORKS MANAGER
CENTRAL WORKSHOP
SOUTH WESTERN RAILWAY
MYSORE - 570 008.
4. DY. CHIEF WORKS MANAGER
CENTRAL WORKSHOP
SOUTH WESTERN RAILWAY, MYSORE - 570 008.
5. CHIEF SAFETY OFFICER
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NC: 2025:KHC:28269
WP No. 13424 of 2020
HC-KAR
CENTRAL WORKSHOP
SOUTH WESTERN RAILWAY,
MYSORE - 570 008.
...RESPONDENTS
(BY SRI. MADHUKAR M DESHPANDE, ADVOCATE
V/O DATED 25.11.20)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER
IMPUGNED TERMINATING THE PETITIONERS AGREEMENT OF
WORKS NO. 08/CWS/MYSS/2017-18 DATED 09.11.2017 AT
ANNEXURE-T BY AN IMPUGNED ORDER TERMINATING NOTICE
DATED 11.12.2017 AT ANNEXURE-Z-14 AND BLACKLISTING
THE PETITIONER FROM, TAKING UP ANY RAILWAY CONTRACTS
IN FUTURE ISSUED BY THE 4TH RESPONDENT THE DEPUTY
CHIEF WORKS MANAGER, CENTRAL WORKSHOP, SWR
MYSURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
"I. To Issue Writ in the nature of Writ of Certiorari quashing the order impugned terminating the Petitioners Agreement of works No. 08/CWS/MYSS/2017-18 dated 09.11.2017 at Annexure-T by an impugned order -3- NC: 2025:KHC:28269 WP No. 13424 of 2020 HC-KAR Terminating Notice No. S/M 226/Coach-Cleaning/Vol-III dated 11.12.2017 at Annexure-Z-14, and Blacklisting the petitioner from taking up any Railway Contracts in future issued by the 4th Respondent the Deputy Chief Works Manager, Central Workshop, SWR Mysuru. II. To Issue Writ of mandamus ordering/directing the 4th Respondent to release the security deposit (EMD)of Rs. 81,300/- and Performance Guarantee of Rs. 1,40,000/- dated 29.05.2017 forfeited and encashed by the 4th Respondent by terminating the agreement of works. III. To Issue Writ of mandamus Ordering/directing the 2nd & 4th Respondent to release the payment of bills for the work done period of 8 months amounting to Rs. 18,00,000/- (2,25,000 x 8 month) and Rs. Rs. 9,00,000/- (2,25,000 x 4 month) for full contractual term, the remaining period of contract.
IV. To Issue Writ of mandamus Ordering/directing the 2nd Respondent for payment of compensation/ damages @ of 30% interest on monthly rests on the quoted tender value of the contract Rs. 27,00,000/- and on the EMD of Rs 82, 300/- and on the Performance Guarantee of Rs.1, 40,000/-from the date deposit.
V. Issue Writ of mandamus Ordering/directing the 2nd Respondent for payment of Special damages Rs. 10,00,000/- (Ten lakh) for loss of social status, loss of career and occupation and for suffocating the petitioner's financial position by blacklisting the petitioner. VI. To grant such other relief as deemed fit to be granted in the facts and circumstances of the case."
2. After arguing for some time, Sri.Madhukar M Deshpande, learned counsel for the respondents on instructions submits that since in the present matter not only the termination of the contract but several other issues are intertwined with each other. The -4- NC: 2025:KHC:28269 WP No. 13424 of 2020 HC-KAR respondents are agreeable for the entire matter to be referred to Arbitration.
3. Both the counsels are agreeable for Sri.Kukkaje Ramakrishna Bhat, a former member of the District Judiciary of the Karnataka Judiciary, to be appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration and Conciliation Centre - Bengaluru (Domestic and International), according to the Arbitration & Conciliation Centre Rules, 2012.
4. In that view of the matter, Sri.Kukkaje Ramakrishna Bhat, is appointed as a sole Arbitrator for the Arbitration and Conciliation Centre to be conducted under the aegis of the Arbitration & Conciliation Centre Rules, 2012 and the Director of Arbitration and Conciliation Centre - Bengaluru (Domestic and International) is directed to make necessary arrangements by taking the above reference on the file of the Arbitration Centre. -5-
NC: 2025:KHC:28269 WP No. 13424 of 2020 HC-KAR
5. In view of the aforementioned, the petition is disposed of.
SD/-
(SURAJ GOVINDARAJ) JUDGE BKN/List No.: 1 Sl No.: 20