IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CIVIL MISC. PETITION NO. 27 OF 2025

BETWEEN:

M/S. PRADEEP CONSTRUCTION COMPANY

REPRESENTED BY ITS PARTNER

SRI JAGANNATH SHETTY

ENGINEERING'S AND CONTRACTORS,

AGED ABOUT 56 YEARS,

ADMIN OFFICE NO.4, VRINDAVAN APARTMENT,

OPP BUB COLLEGE, VIDYANAGAR

HUBLI - 580021

…PETITIONER

(BY SRI. HARISCHANDRA REDDY P, ADVOCATE)

AND:

SHIVAMOGGA SMART CITY LTD.,

REPRESENTED BY ITS

THE MANAGING DIRECTOR

1.

Digitally signed SHIVAMOGGA SMART CITY LTD

by SHWETHA 1ST FLOOR, CORPORATION BUILDING BLOCK,

RAGHAVENDRA

S N MARKET, NEHRU ROAD,

Location: HIGH

SHIVAMOGGA - 577201

COURT OF

KARNATAKA

2. THE EXECUTIVE ENGINEER SHIVAMOGGA SMART CITY LTD.,

SHIVAMOGGA - 577201

3. THE INSTITUTE OF ENGINEERS

KARNATAKA STATE CENTRE,

NO 03, DR B R AMBEDKAR VEEDHI

OPP INDIAN EXPRESS BUILDING

BENGALURU, KARNATAKA - 560001

…RESPONDENTS

(BY SRI. SHOWRI H R, ADVOCATE FOR R1)

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5), (6)

(C) AND (8) R/W SEC.12 OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING (i) 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 (c) OF THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2019 TO ADJUDICATE THE DISPUTES/ CLAIMS BETWEEN THE PARTIES FOR THE WORK OF DEVELOPMENT OF CORPORATION PARK (PARK-17) IN SHIVAMOGGA CITY AGREEMENT NO.55/9.03.2020 (ANNEXURE - C & A).

(ii) TO PASS AN APPROPRIATE ORDER AS PER THE CLAUSE NO.4.1 OF SCC AND ALSO (AMENDMENT) ACT, 2019 AS THE APPOINTING AUTHORITY RESPONDENT NO.3, INSTITUTE OF ENGINEERS, BANGALORE FAILED TO APPOINT SOLE ARBITRATOR, BY APPOINTING INDEPENDENT AND IMPARTIAL SOLE ARBITRATOR UNDER SEC.11(8) OF THE ACT FOR SETTLEMENT OF DISPUTES/CLAIMS BETWEEN THE PARTIES AS PER THE SPECIAL CONDITIONS OF CONTRACT.

THIS PETITION, COMING ON FOR ADMISSION, 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:

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 (c) of the arbitration and conciliation (amendment) act, 2019 to adjudicate the disputes/ claims between the parties for the work of development of corporation park (park-17) in Shivamogga city agreement no.55/9.03.2020 (Annexure - C & A).

b. To pass an appropriate order as per the clause No.4.1 of SCC and also (amendment) act, 2019 as the appointing authority respondent No.3, institute of engineers, Bangalore failed to appoint sole arbitrator, by appointing independent and impartial sole arbitrator under sec.11(8) of the act for settlement of disputes/claims between the parties as per the special conditions of contract.

c. Pass such other orders as the Hon'ble Court deems fit in the interest of justice and equity.

d. Make any further scheme for dealing with the matter as contemplated under Section 11 of the Arbitration and Conciliation (Amendment) act

2019.

2. A notice of the tender had been issued by the respondent which is governed by an arbitration Clause in terms of Clause 4.1, which is reproduced hereunder for easy reference:

“The procedure for arbitration shall be as follows: (a) In case of dispute or difference arising between the Employer and the Contractor relating to any matter arising out of or connected with this agreement it shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The disputes or differences shall be referred to a Sole Arbitrator. The Sole Arbitrator shall be appointed by agreement between the parties. If the parties fail to reach such agreement/consensus then the sole arbitrator shall be appointed by the Appointing Authority, namely, Institute of Engineers, Bangalore.

(b) Arbitration proceedings shall be held at Bangalore.

Karnataka, India.

(c) The cost and expenses of arbi