IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CIVIL MISC. PETITION NO. 634 OF 2025

BETWEEN:

D.E.C. INFRASTRUCTURE AND PROJECTS (INDIA)

PVT LTD

A COMPANY INCORPORATED UNDER THE

COMPANIES ACT, 1956, HAVING ITS REGISTERED

OFFICE AT NO.2-1-434/1, STREET NO.4,

NALLAKUNTA, HYDERABAD - 500 044, TELANGANA.

ALSO HAVING ITS OFFICE AT

NO.9/9, INDUSTRIAL SUBURB, WARD NO.10,

MAHALAKSHMI LAYOUT, BENGALURU - 560 086. REPRESENTED BY ITS AUTHORISED SIGNATORY

SRI. DEVOJI KRISHNA

…PETITIONER Digitally signed

by SHWETHA (BY SRI. A MAHESH CHOWDHARY, ADVOCATE)

RAGHAVENDRA

Location: HIGH AND:

COURT OF

KARNATAKA

RAJIV GANDHI HOUSING CORPORATION LIMITED

(A GOVERNMENT OF KARNATAKA ENTERPRISE)

REPRESENTED BY THE SECRETARY TO

THE HOUSING DEPARTMENT

GOVERNMENT OF KARNATAKA,

KARNATAKA GOVERNMENT SECRETARIAT

ROOM NO.213, II FLOOR,

VIKASA SOUDHA,

BENGALURU - 560 001.

AND ALSO RAJIV GANDHI HOUSING CORPORATION LIMITED, (A GOVERNMENT OF KARNATAKA ENTERPRISE)

REPRESENTED BY ITS MANAGING DIRECTOR, 9^TH FLOOR, E AND F BLOCK, CAUVERY BHAVAN KEMPE GOWDA ROAD, BENGALURU - 560 009.

2. MANAGING DIRECTOR RAJIV GANDHI HOUSING CORPORATION LIMITED, (A GOVERNMENT OF KARNATAKA ENTERPRISE)

9^TH FLOOR, E AND F BLOCK, CAUVERY BHAVAN KEMPE GOWDA ROAD, BENGALURU - 560 009.

3. CHIEF ENGINEER RAJIV GANDHI HOUSING CORPORATION LIMITED, (A GOVERNMENT OF KARNATAKA ENTERPRISE)

8^TH FLOOR, E AND F BLOCK, CAUVERY BHAVAN KEMPE GOWDA ROAD, BENGALURU - 560 009.

4. EXECUTIVE ENGINEER, RAJIV GANDHI HOUSING CORPORATION LIMITED, (A GOVERNMENT OF KARNATAKA ENTERPRISE)

9^TH FLOOR, E AND F BLOCK, CAUVERY BHAVAN KEMPE GOWDA ROAD, BENGALURU - 560 009.

5. GENERAL MANAGER (F/A), RAJIV GANDHI HOUSING CORPORATION LIMITED, (A GOVERNMENT OF KARNATAKA ENTERPRISE)

9^TH FLOOR, E AND F BLOCK, CAUVERY BHAVAN KEMPE GOWDA ROAD, BENGALURU - 560 009.

…RESPONDENTS ***

THIS CIVIL MISC. PETITION IS FILED UNDER SECTION

11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT ARBITRATOR IN TERMS OF SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR RESOLUTION OF THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER THE ARBITRATION CLAUSE 5.24.1 TO 5.24.3 AT PAGE NO.112 R/W. CLAUSE 5.57 TO 5.57.3 CONDITIONS OF CONTRACT VIDE AGREEMENT NO.RHGCL/OLH/CE/08/93/2020-21 DATED 10.06.2020 VIDE ANNEXURE - A, ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Petitioner is before this Court seeking for the following reliefs:

" 1) Appoint arbitrator in terms of Section 11(6) of the Arbitration and Conciliation Act, 1996 for resolution of the dispute between the petitioner and the respondent as per the Arbitration Clause 5.24.1 to 5.24.3 at page No.112 r/w. clause 5.57 to 5.57.3 conditions of contract vide agreement No.RHGCL/ OLH/ CE/ 08 / 93/ 2020-21 dated

10.06.2020 vide Annexure - A, 2) Award the cost of the Petition.

3) Pass any other appropriate order that this Hon'ble deems it fit and necessary in the facts and circumstances of the case."

2. A perusal of the Arbitration clause indicates that, any dispute would be adjudicated under the Arbitration Center - Karnataka (Domestic and International)

Rules, 2012.

3. If that be so, it is for the petitioner to have approached the Center for appointment of an arbitrator and not on its own nominate an arbitrator and approach this Court, on account of failure of consent on behalf of the respondent.

4. Reserving liberty to the petitioner to approach the Arbitration Centre, Karnataka (Domestic and International) Rules 2012, the petition stands disposed in terms of the order of this Court in C.M.P.No.599/2022.

SD/-

(SURAJ GOVINDARAJ)

JUDGE BMV*

List No.: 1 Sl No.: 10 CT-SG