Karnataka High Court
M/S National Projects Construction ... vs State Of Karnataka on 9 December, 2025
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NC: 2025:KHC:51865-DB
WA No. 1666 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 1666 OF 2025 (GM-TEN)
BETWEEN:
1. M/S NATIONAL PROJECTS CONSTRUCTION
CORPORATION LIMITED
REGISTERED UNDER THE COMPANIES ACT, 1956
NO. 1316, 2ND CROSS
K.H.B COLONY
MAGADI ROAD
BENGALURU 560 079
REPRESENTED BY ITS ZONAL MANAGER
AMIT SHARMA
...APPELLANT
(BY SRI KANISHK RAVINDRAN., ADVOCATE)
Digitally
signed by AND:
SRIDEVI S
Location:
High Court 1. STATE OF KARNATAKA
of Karnataka HOUSING DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. RAJIV GANDHI HOUSING
CORPORATION LIMITED, (RGHCL)
CAUVERY BHAVAN, 9TH FLOOR,
C AND F BLOCK
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NC: 2025:KHC:51865-DB
WA No. 1666 of 2025
HC-KAR
K.G. ROAD
BENGALURU 560 009
REPRESENTED BY ITS MANAGING DIRECTOR
3. BELGAVI CITY MUNICIPAL CORPORATION
CTS NO 4821/27A RSNO 1005
SUBHASH NAGAR BELAGAVI
KARNATAKA-590016
REPRESENTED BY ITS COMMISSIONER
4. M/S IMPRINTS
NO. 55, FIRST FLOOR
8TH CROSS
BETWEEN 5TH AND 6TH MAIN
MALLESHWARAM
BENGALURU - 560 003
REPRESENTED BY ITS MANAGER
5. M/S CHETANA CONSORTIUM
CHETANA HOUSE
NO. 3/1, 10TH CROSS
VASANTH NAGAR, BENGALURU - 560 001
REPRESENTED BY ITS MANAGER
...RESPONDENTS
(BY SMT. NAMITHA MAHESH B.G., AGA FOR R-1 &
SMT. SUMANA BALIGA M., ADVOCATE FOR C/R-2)
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE
APPEAL BY SETTING ASIDE THE ORDER DATED 05.08.2025
OF THE LEARNED SINGLE JUDGE IN WP No.11251/2025 AND
CONSEQUENTLY ALLOW THE WP FILED BY THE
RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2025:KHC:51865-DB
WA No. 1666 of 2025
HC-KAR
THIS APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an order dated 05.08.2025 passed by the learned Single Judge of this Court in W.P.No.11251/2025 (GM-TEN), whereby the said petition was dismissed.
2. The appellant is a public sector enterprise and had filed the said petition, inter alia, impugning a communication dated 28.03.2025, whereby the respondent No.2 had terminated the contract awarded to the appellant for "Construction of 1484 Du's (G+ 3 Floors) adopting Monolithic Shear Wall Technology only (cast-in-situ, Single Pour Technology with single stage Aluminium Shuttering only) and Providing Infrastructures works" at Alarwad Sy.No.241/B, Anagola Sy.No.658/1-A, 135/2 Pai P2 in Belagavi City under the "Pradhana Mantri Awas Yojana (Urban) Housing for -4- NC: 2025:KHC:51865-DB WA No. 1666 of 2025 HC-KAR all (PMAY (U) - HFA). The bank guarantee furnished by the appellant was also terminated.
3. Undisputedly, there were delays in the execution of the works. The appellant claims that the delays were attributable to the respondent-authorities as an encumbrance free site, where the work was to be executed was not provided to the appellant. It is stated that the appellant had asked respondent No.3 to conduct a Hudbust for the construction site and the same was not done. Additionally, the appellant has also raised certain other issues to the effect that the respondent had not performed the other obligations as required under the contract.
4. The learned Single Judge had found that the issues raised by the appellant involved disputed question of fact and therefore concluded that it would not be apposite to entertain the writ petition. Accordingly, the appellants were relegated to the alternate remedy.
5. A plain reading of the contract indicates that the arbitration agreement included an arbitration clause, whereby the parties had agreed that any dispute or difference or claim arising out of, or in connection with, or relating to the present contract or the breach, -5- NC: 2025:KHC:51865-DB WA No. 1666 of 2025 HC-KAR termination or invalidity thereof, shall be referred and settled before the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, in terms of the Arbitration & Conciliation Centre Rules, 2012, by one or more Arbitrators appointed by them.
6. Having agreed that the disputes would be settled in arbitration, we find no infirmity with the decision of the learned Single Judge in declining to entertain the writ petition, which is apparently raising disputes relating to or arising from the contract between the parties.
7. In view of the above, the present appeal is dismissed.
Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE Sd/-
(C.M. POONACHA) JUDGE SD List No.: 2 Sl No.: 13