Karnataka High Court
Tanisujan Infra Private Limited vs State Of Karnataka on 3 October, 2023
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2023:KHC:35617
CMP No. 9 of 2022
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
CIVIL MISC. PETITION NO. 9 OF 2022
BETWEEN:
TANISUJAN INFRA PRIVATE LIMITED
WITH ITS REGISTRED OFFICE AT
NO 1134, KARUNA MARGA
1ST STAGE
SIDDARTH NAGAR
MYSURU 570011
REP BY ITS MANAGING DIRECTOR.
...PETITIONER
(BY SRI. RUPESH KUMAR S.,ADVOCATE)
Digitally
signed by AND:
NARASIMHA
MURTHY
VANAMALA 1. STATE OF KARNATAKA
Location:
HIGH REP BY ITS CHIEF SECRETARY
COURT OF
KARNATAKA VIDHANA SOUDHA
AMBEDKAR VEEDHI
BENGALURU 560001.
2. THE SECRETARY
GOVT OF KARNATAKA
PUBLIC WORKS PORTS AND
INLAND WATER TRANSPORT DEPT
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NC: 2023:KHC:35617
CMP No. 9 of 2022
VIKAS SOUDHA
BENGALURU 560001.
3. THE CHIEF ENGINEER
PUBLIC WORKS PORTS AND
INLAND WATER TRASPORT DEPT
COMMUNICATIONS AND
BUIDLINGS (SOUTH)
K R CIRLCE
BENGALURU 560001.
4. THE SUPERINTENDENT ENGINEER
PUBLIC WORKS
PORTS AND INLAND WATER TRANSPORT DEPT
MYSORE CIRCLE
NAZARBAD MOHALLA
MYSURU 570010.
5. THE EXECUTIVE ENGINEER
PUBLIC WORKS
PORTS AND INLAND WATER
TRANSPORT DEPT
SPECIAL DIVSION
NAZARBAD MOHALLA
MYSURU 570010.
6. DEAN
CHAMARAJENDRA VISUAL ART COLLEGE
(CAVA)
BEHIND NEW DC OFFICE
CPWD PREMISES
SIDDARTHA NAGARA
MYSURU 570011.
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NC: 2023:KHC:35617
CMP No. 9 of 2022
...RESPONDENTS
(BY SRI.BHOJEGOUDA T KOLLER., ADDITIONAL
GOVERNMENT ADVOCATE FOR R1 TO R5; R6
SERVED)
THIS CIVIL MISC. PETITION UNDER SEC.11(5)
OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING TO APPOINT A SOLE ARBITRATOR
NAMELY HON'BLE RETIRED HIGH COURT JUSTICE
A.V.CHANDRASHEKAR OR ANY OTHER RETIRED
HIGH COURT JUSTICE TO ADJUDICATE UPON THE
LIS BETWEEN THE PARTIES AROSE UNDER
AGREEMENT DATED 11/03/2020 IN ANNEXURE -
C.
THIS PETITION, COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 [for short, the 'Arbitration Act'] for the appointment of a former Judge of this Court as the sole arbitrator to enter reference of the dispute with -4- NC: 2023:KHC:35617 CMP No. 9 of 2022 the respondents. The petitioner contends that, in accordance with the provisions of the Karnataka Transparency in Public Procurements Act, 1999, it is issued with the necessary Work Orders and the consequential Agreement dated 11.3.2020 is also executed.
2. The Special Conditions of Contract, which became part of the agreement by reference, contemplate resolution of all disputes by a sole arbitrator, and the petitioner is constrained to cause legal notice dated 15.11.2021 raising a claim for a sum of Rs.1,23,00,516/- and invoking the agreement for arbitration suggesting its nominee as the sole arbitrator. The respondents though served with such notice have not caused any reply.
3. The learned Counsel for the petitioner, relying upon the aforesaid circumstances, submits that in similar circumstances, but under another agreement, this Court has appointed Hon'ble Sri. -5- NC: 2023:KHC:35617 CMP No. 9 of 2022 Justice A. V. Chandrashekar as the sole arbitrator to enter reference of the dispute and he places reliance on the orders of this Court in CMP No.678/2022.
4. The learned Additional Government Advocate does not controvert the afore, and the sixth respondent though served has remained absent. This Court is of the considered view that the petitioner has established all the vital circumstances for this Court to opine that an agreement for arbitration, an arbitrable dispute and failure of consensus on who could enter reference of the dispute are established and therefore, the petition must be allowed appointing Hon'ble Justice A.V.Chandrashekar as the sole arbitrator leaving open all questions open to be considered except insofar as the execution of the agreement and arbitrability of the dispute. Hence, the following ORDER [a] The petition is allowed.
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NC: 2023:KHC:35617 CMP No. 9 of 2022 [b] Hon'ble Sri. Justice A.V. Chandrashekar, a former Judge of this Court, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre.
[c] The Registry is directed to
communicate this order [through
email] to the Arbitration and
Conciliation Centre (Domestic and
International), Bengaluru and Hon'ble Sri. Justice A.V.Chandrashekar, a former Judge of this Court, Address:
No.406, 3rd Floor, Ramashridhar Apartment, 2nd Cross, 9th Main, BTM -7- NC: 2023:KHC:35617 CMP No. 9 of 2022 Layout 2nd Stage, Bengaluru-560 076 [[email protected]] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.
SD/-
JUDGE NV