HC-KAR IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REVIEW PETITION NO. 100101 OF 2025 CONNECTED WITH REVIEW PETITION NO. 100103 OF 2025 IN REVIEW PETITION NO. 100101 OF 2025 BETWEEN:

M/S PRADEEP CONSTRUCTION COMPANY REPRESENTED BY ITS PARTNER SRI JAGANNATH SHETTY ENGINEERING'S AND CONSTRUCTORS ADMIN OFFICE: NO.4, VRINDAVAN APARTMENT OPP BVB COLLEGE VIDYANAGAR HUBBALLI - 580 021 …PETITIONER (BY SRI. CHANNABASAVARAJ S. SHETTAR, Digitally signed by LAKSHMINARAYAN N SMT. KAVYA C. SHETTAR AND Location: High Court of Karnataka SRI. P. HARISCHANDRA REDDY, ADVOCATES)

AND:

URBAN DEVELOPMENT DEPARTMENT (UDD)

GOVERNMENT OF KARNATAKA (GOK)

REPRESENTED BY ITS

1. THE MANAGING DIRECTOR BELAGAVI SMART CITY LTD

1^ST FLOOR BUDA OFFICE ASHOK NAGAR BELAGAVI - 590 006 HC-KAR

2. THE SECRETARY URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIKAS SOUDHA BENGALURU - 01

3. THE EXECUTIVE ENGINEER BELAGAVI SMART CITY LTD. 1ST FLOOR BUDA OFFICE ASHOK NAGAR BELAGAVI - 590 006 …RESPONDENTS (BY SRI. ASHOK HALAGI, ADVOCATE FOR R1 & R3 SRI. PRAVEENA Y. DEVARADDIYAVARA, HCGP FOR R2)

THIS REVIEW PETITION IS FILED UNDER SECTION

114 R/W ORDER 47 RULE (1) OF CPC, PRAYING TO 1. CALL FOR RECORDS PERTAINING TO ORDER DATED 07.08.2025 IN CMP NO.100016/2024 2. REVIEW THE ORDER DATED 07.08.2025 IN CMP NO 100016/2024 PASSED BY THIS HONBLE COURT AND CONSEQUENTLY ALLOW THE CMP NO.100016/2024 AS PRAYED FOR BY THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY.

IN REVIEW PETITION NO. 100103 OF 2025 BETWEEN:

M/S PRADEEP CONSTRUCTION COMPANY REPRESENTED BY ITS PARTNER SRI JAGANNATH SHETTY ENGINEERING'S AND CONSTRUCTORS ADMIN OFFICE: NO.4, VRINDAVAN APARTMENT HC-KAR OPP BVB COLLEGE VIDYANAGAR HUBBALLI - 580 021 …PETITIONER (BY SRI. CHANNABASAVARAJ S. SHETTAR, SMT. KAVYA C. SHETTAR, AND SRI. P. HARISCHANDRA REDDY, ADVOCATES)

AND:

URBAN DEVELOPMENT DEPARTMENT (UDD)

GOVERNMENT OF KARNATAKA (GOK)

REPRESENTED BY ITS

1. THE MANAGING DIRECTOR BELAGAVI SMART CITY LTD

1^ST FLOOR BUDA OFFICE ASHOK NAGAR BELAGAVI - 590 006 2. THE SECRETARY URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIKAS SOUDHA BENGALURU -01

3. THE EXECUTIVE ENGINEER BELAGAVI SMART CITY LTD 1ST FLOOR BUDA OFFICE ASHOK NAGAR BELAGAVI - 590 006 …RESPONDENTS (BY SRI. ASHOK HALAGI, ADVOCATE FOR R1 AND R3 SRI. PRAVEENA Y. DEVARADDIYAVARA, HCGP FOR R2)

HC-KAR THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE (1) OF CPC, PRAYING TO A. CALL FOR RECORDS PERTAINING TO ORDER DATED 07.08.2025 IN CMP NO.100017/2024 B. REVIEW THE ORDER DATED 07.08.2025 IN CMP NO 100017/2024 PASSED BY THIS HONBLE COURT AND CONSEQUENTLY ALLOW THE CMP NO 100017/2024 AS PRAYED FOR BY THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY.

THESE PETITIONS, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: THE HON'BLE MR. JUSTICE G BASAVARAJA

ORAL ORDER

1. The petitioner M/s Pradeep Construction Company has filed this review petition under Order XLVII Rule 1 r/w Section 114 of CPC seeking to review the order dated 07.08.2025 in CMP No.100016/2024 and consequently allow this CMP No.100016/2024.

2. Heard.

3. Learned HCGP Praveena Y. Devaraddiyavara, appearing for respondent No.2 submits that there are no grounds to allow this review petition.

HC-KAR

4. It is submitted by the Counsel for the petitioner that the impugned order has proceeded to appoint respondent No.2 herein as sole Arbitrator for settlement of disputes. It is the trite law that a party to the proceedings cannot sit as a Judge to adjudicate the lis wherein his interest is involved. This aspect of law and fact is not properly appreciated while passing the impugned order.

5. Respondent Nos.1 to 3 are herein seeking shelter under the respondent, Government of Karnataka. Respondent No.2 is not an independent body. In the event if respondent No.2 is appointed as Arbitrator, there are every chances that there cannot be a fair and impartial adjudication of the lis as any order to be passed in favour of this p