IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 380 OF 2024 BETWEEN: J M SWAMY AGED 52 YEARS NO.28, 8^TH B MAIN RAJAMAHAL VILAS EXTENSION BANGALORE-560080 …PETITIONER (BY SRI. HARIS CHANDRA REDDY P., ADVOCATE)

AND:

1. GOVERNMENT OF INDIA CENTRAL PUBLIC WORK DEPARTMENT Digitally REP. BY ITS CHIEF EXECUTIVE ENGINEER signed by BCD III CPWD KENDRIYA SADAN SUNITHA K S KORAMANGALA BANGALORE-560034 Location:

HIGH COURT

2. THE CHIEF ENGINEER OF SZ-111 KARNATAKA CPWD, KENDRIYA SADAN KORAMANGALA, BANGALORE-560034 …RESPONDENTS (BY SRI. SHIVAKUMAR,CGSC FOR R1 & R2 )

THIS CIVIL MISC. PETITION IS FILED UNDER SEC 11, SUBSECTIONS (5), (6) AND (8) READ WITH SECTION 12 OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH THE RULES FRAMED BY THE HON’BLE HIGH COURT OF KARNATAKA IN NOTIFICATION NO LCA/1/402/1996 DATED 13-11-1996 PRAYING THIS HONBLE COURT A) TO PASS AN APPROPRIATE ORDER FOR APPOINTMENT OF INDEPENDENT AND IMPARTIAL SOLE ARBITRATOR AS PER THE PETITIONER REQUESTS UNDER THE PROVISIONS OF SECTION 11 (6) SUB- SECTION (A) AND (C) OF THE ARBITRATION AND CONCILIATION (AMENDMENT)ACT, 2019 TO ADJUDICATE THE DISPUTES/CLAIMS BETWEEN THE PARTIES OF THE WORK OF CONSTRUCTION OF BUILDING FOR IP TESTING LAB INCLUDING ELECTRICAL WORKS AT CPRI CAMPUS, BANGLALROE AGREEMENT NO. 18/SE/BCD1/2016-17.DATED

15-7-2016 B)TO PASS AN APPROPRIATE ORDER AS PER THE CLAUSE 25 OF GCC AND ALSO (AMENDMENT)ACT, 2019 BY APPOINTING INDEPENDENT AND IMPARTIAL SOLE ARBITRATOR UNDER SECTION 11 (8) OF THE ACT FOR SETTLEMENT OF DISPUTES/CLAIMS BETWEEN THE PARTIES AS PER THE CONDITIONS OF CONTRACT (ANNEXURE-A).

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

ORAL ORDER

This Civil Miscellaneous Petition is filed under Section

11(6) of the Arbitration and Conciliation Act, 1996 (for brevity ‘ the Act, 1996) for the appointment of the sole Arbitrator to resolve the dispute between the parties to the petition in terms of Clause-25 of the General Conditions of the Contract (for brevity ‘GCC’) vide Annexure-A.

2. Brief facts leading rise to the filing of this petition are as follows:

The respondents issued a tender notification inviting tenders. The petitioner participated in the tender process. The work order was issued to the petitioner vide work order dated 11.07.2016. The agreement came to be entered into between the parties. The work was commenced on 02.08.2016 and was to be completed by 01.05.2017. The work was completed in the extended period of contract on 26.04.2019, as per the time extended by the respondents without penalty. The petitioner submitted certain claims arising out of and in connection with the contract to the respondents, vide letter dated 26.09.2022, for the settlement of claims/disputes as per Clause-25 of the General conditions of the contract. The respondents have not accepted the petitioner’s claims. The claims of the petitioner were referred to the Superintending Engineer vide his communication dated 14.10.2022, for settlement of claims, but there was no reply from the Superintending Engineer. As per Clause-25 of General Conditions of contract, the petitioner referred the claims to the Chief Engineer, CPWD, Bangalore vide communication dated 04.11.2022 for setting all claims. The Chief Engineer rejected the claims of the petitioner. The petitioner preferred an appeal to the Dispute Redressal Committee (for brevity ‘DRC’) as per Clause 25(i) of GCC for settlement, vide communication dated 22.11.2022. The DRC has not acted in time to settle the disputes between the parties as per Clause 25 of the GCC. The petitioner requested the Chief Engineer vide communication dated 10.04.2023, for the appointment of an impartial independent Arbitrator for settlement of disputes between the parties as per the provisions of the Act of 1996. The Chief Engineer, CPWD, in its letter dated 01.05.2023 proposed