IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 306 OF 2024 BETWEEN:

M/S SRI PATHY ASSOCIATES PVT LTD.

CIVIL ENGINEERING CONTRACTORS REGISTERED UNDER COMPANIES ACT 2013 REPRESENTED BY ITS CHAIRMAN CUM DIRECTOR S SEKAR SON OF SUBRAMANIAM AGED ABOUT 59 YEARS

62, THANGAPERUMAL STREET ERODE 638 001 …PETITIONER (BY SRI. SHARAN P SABARAD.,ADVOCATE)

Digitally signe d by AND:

SUNITHA K S Location: 1. THE EXECUTIVE ENGINEER HIGH COURT PUBLIC WORKS AND INLAND WATER TRANSPORT OF KARNATAKA PORT AND FISHERIES DIVISION

2ND FLOOR SHAMILL HALL, UDUPI 576 103

2. THE PRINCIPAL SECRETARY OF THE GOVERNMENT ANIMAL HUSBANDARY AND FISHERIES DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA BENGALURU 560 001

3. THE DIRECTOR OF FISHERIES

3RD FLOOR PODIUM BLOCK VISHWESHWARAYA TOWER BENGALURU 560001

4. THE CHIEF ENGINEER PUBLIC WORKS PORT AND INLAND WATER TRANSPORT DEPARTMENT COMMUNICATION AND BUILDING NORTH SIR M VISHWESWARAYA ROAD DHARWAD 585 101

5. THE SUPERINTENDING ENGINEER PORT AND INLAND WATER DEPARTMENT, BAITHKOL KARWAR 581302 …RESPONDENTS (BY SMT.LALITA P. M., HCGP FOR F1 TO R5)

THIS CIVIL MISC. PETITION UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO REFER THE PARTIES ARBITRATION. II.APPOINT A RETIRED DISTRICT/HIGH COURT JUDGE OR ANY OTHER COMPETENT PERSON AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE RESPONDENTS AND THE PETITIONER IN TERMS OF THE CL. 4 OF SPECIAL CONDITIONS OF CONTRACT DATED

16-11-2015 AT ANNEXURE –B.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

1. This Civil Miscellaneous Petition is filed under Section

11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to resolve the dispute between the parties to the petition in terms of clause 4 of the Special Conditions of contract dated

16.11.2015 at Annexure-B.

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

3. The petitioner is a class-1 contractor. The respondents have issued a tender notification wherein the petitioner participated in the tender process issued by the respondent authority for construction of breakwater/guide Bund adjacent to Quay of navigation Channel at Gangoli Fishing Harbour in Kundapur Taluk, Udupi District. Subsequently, the bid of the petitioner was accepted and approved at ₹1,00,38,61,787/-. The petitioner furnished a security deposit and work site was belatedly handed over on 07.12.2015. As per contract conditions, work was completed within 48 months which was duly complied by the petitioner. The contract also stipulated the manner of submission of bills i.e., monthly bills consisting of the value of work completed less than cumulative amount previously paid. Despite this, the employer- respondent repeatedly made delayed payments without any consideration of the interest payable. Despite several representations made by the petitioner, the employer-respondent has failed to pay the accrued interest on delayed payment of RA bills, thereby causing heavy financial burden and losses to the petitioner. The petitioner invoked an arbitration clause i.e., clause 4 of the Special Conditions of a Contract dated 16.11.2015 vide Annexure-G and issued an arbitration Notice on 05.03.2024 proposing the name of Sri. Basavaraj S Sappannavar, Retired Principal District Sessions Judge as an Arbitrator. The respondents despite service of a notice, did not reply to the arbitration notice. Hence, the petitioner is constrained to file this petition.

4. The respondents filed a statement of objections raising several contentions. It is contended that the claim made by the petitioner is a stale claim. Hence, there is no arbitral dispute arose between the petitioner and respondents. Hence, prays to dismiss the petition.

5. Heard Sri. Basavaraj Veerasangappa Sabarad, learned senior counsel for the petitioner, and learned