HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 546 OF 2024 C/W CIVIL MISC. PETITION NO. 641 OF 2025 IN CMP No. 546/2024 BETWEEN:

M/S M VENKATA RAO INFRA PROJECTS PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, OFFICE AT NO. 48-19-6, 2ND FLOOR, MVR COMPLEX, DWARAKANAGAR, OPP RTC COMPLEX, VISAKHAPATNAM 530 003.

REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR SAMBASIVA RAO G.

…PETITIONER (BY SRI. NISHANTH A V, ADVOCATE)

AND:

Digitally signed

1. THE EXECUTIVE ENGINEER by SHWETHA RAGHAVEND RA (PROJECTS CENTRAL -4)

Location: HIGH BRUHAT BENGALURU MAHANAGARA PALIKE, COURT OF NO. 301, 3RD FLOOR, ANNEXURE -2 BUILDING, KARNATAKA N R SQUARE, BENGALURU - 560 002.

2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE GROUND FLOOR, ANNEX -2 BUILDING, BBMP HEAD OFFICE, N R SQUARE, BENGALURU - 560 002.

…RESPONDENTS (BY SRI. SATYANAND B S, ADVOCATE FOR R1 & R2)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND

11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING HC-KAR TO (A)APPOINT HONBLE MR. JUSTICE SUBHASH B. ADI, FORMER JUDGE OF THIS HONBLE COURT AS A SOLE ARBITRATOR, WHOSE NAME HAS ALREADY BEEN SUGGESTED BY THE PETITIONER AND ETC., IN CMP NO. 641/2025 BETWEEN:

M/S M VENKATA RAO INFRA PROJECTS PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT OFFICE AT NO. 48-196-6, 2ND FLOOR, MVR COMPLEX DWARAKANAGAR, OPP RTC COMPLEX VISAKHAPATNAM-530003 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. SAMBASIVA RAO G ...PETITIONER (BY SRI. NISHANTH A V, ADVOCATE)

AND:

1. BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS EXECUTIVE ENGINEER (PROJECTS CENTRAL-2)

301, 3RD FLOOR, ANNEXURE-2 BUILDING N R SQUARE, BENGALURU 560 002

2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE GROUD FLOOR, ANNEX-2 BUILDING BBMP HEAD OFFICE, N R SQUARE BENGALURU 560 002 ...RESPONDENTS (BY SRI. SATYANAND B S, ADVOCATE FOR R1 & R2)

THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT ANY PERSON AS THE SOLE ARBITRATOR FOR ADJUDICATION OF THE DISPUTE/S THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS IN TERMS OF CLAUSE 24 OF THE CONDITIONS OF CONTRACT AND CLAUSE 10 OF THE SPECIAL CONDITIONS OF CONTRACT AGREEMENT DATED HC-KAR

28.08.2015 VIDE ANNEXURE - B.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The Petitioner in CMP No.546/2024 is before this Court seeking for the following reliefs;

(a) Appoint Honble Mr. Justice Subhash B. Adi, Former Judge of this Honble Court as a sole arbitrator, whose name has already been suggested by the petitioner.

(b) Alternatively, this Honble Court may be pleased to appoint any other person/s as the sole arbitrator for adjudication of the disputes that has arisen between the petitioner and the Respondents.

(c)Grant such other relief/s as this Honble Court deems fit, in the facts and circumstances of the case, in the interest of justice and equity.

2. The Petitioner in CMP No.641/2025 is before this Court seeking for the following reliefs;

(a) To appoint any person as the sole arbitrator for adjudication of the dispute/s that has arisen between the petitioner and the respondents in terms of clause 24 of the conditions of contract and clause 10 of the special conditions of contract agreement dated 28.08.2015 vide Annexure - B.

(b) Grant such other relief/s as this Hon'ble Court deems fit, in the facts and circumstances of the case, in the interest of justice and equity.

HC-KAR

3. In terms of the Arbitration Clause, the appointment of an Arbitrator being required to be made by the Indian Council of Arbitration. The grievance of the Petitioner is that though notice has been issued to the Indian Council of Arbitration, the said council has not appointed an Arbitrator. Hence, it was called upon to place on record the Rules of Indian Council of Arbi