THE HIGH COURT OF KARNATAKA
E.S.INDIRESH
NSL CONSTRUCTION PRIVATE LIMITED – Appellant
Versus
M/S RAJIV GANDHI HOUSING CORPORATION LTD – Respondent
CMP 459/2025
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NC: 2026:KHC:16377 CMP No. 459 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH
CIVIL MISC. PETITION NO. 459 OF 2025 BETWEEN:
NSL CONSTRUCTION PRIVATE LIMITED NO.93, SAI COMPLEX, IV TH FLOOR
1ST "A" MAIN ROAD, 1ST STAGE, SECTOR "A"
YELAHANKA NEWTOWN, BENGALURU - 560 064, REP. BY ITS DIRECTOR
SRI P.N.NAGABHUSHAN …PETITIONER
(BY SRI. BAPAT SAMPATH VINAYAKA RAO, ADVOCATE)
AND:
M/S RAJIV GANDHI HOUSING CORPORATION LTD CAUVERY BHAVAN, 8TH FLOOR, Digitally signed by
CHAYA S A E AND F BLOCK, Location: H IGH KEMPEGOWDA ROAD, COURT OF
KARNATAKA BENGALURU - 560 009.
REP. BY CHIEF ENGINEER (RGHCL BENGALURU).
…RESPONDENT (BY SRI. NAGAIAH & SRI. SHREEDEEP N., ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A SOLE ARBITRATOR UNDER ARBITRATION CLAUSE 24 TO RESOLVE THE DISPUTES AND OUTSTANDING ISSUES
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NC: 2026:KHC:16377 CMP No. 459 of 2025
HC-KAR
BETWEEN THE PARTIES IN ACCORDANCE WITH THE PROVISION OF THE AGREEMENT BEARING NO.RGHCL/OLH/CE/29-AVVELAHALLI-10/2021-2022 VIDE ANNEXURE-A AND IN CONSONANCE WITH ARBITRATION AND CONCILIATION ACT, 1996, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
In this Petition, the petitioner has sought for
appointment of an Arbitrator for resolution of the dispute
as per the Agreement dated 18.01.2022 (Annexure-A).
2. The appointment of an Arbitrator was opposed
by the learned counsel appearing for the respondent
stating that, there is a termination of the Agreement. 3. In that view of the matter, having taken note of
the language employed in the clause providing for appointment of an Arbitrator in the Agreement dated
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NC: 2026:KHC:16377 CMP No. 459 of 2025
HC-KAR
18.01.2022 (Annexure-A), I am of the view that, the
appointment of an Arbitrator is necessitated.
4. Hon'ble Mrs. Justice M.G. Uma, former Judge,
High Court of Karnataka be appointed to act as a Sole Arbitrator in the Arbitration and Conciliation Centre,
Bengaluru as per the extant Rules.
5. All claims and contentions of the parties are
kept open to be decided by the Arbitral Tribunal.
6. A copy of this order be sent forthwith to the
Arbitration and Conciliation Centre, Khanija Bhavan,
Bengaluru for proceeding further in the matter.
7. Registry is directed to return the original
documents if any, produced by the parties, after obtaining
photostat copy of the same for the file.
8. Since the parties are represented through their
learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on
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NC: 2026:KHC:16377 CMP No. 459 of 2025
HC-KAR
17.04.2026 at 11.00 a.m. to enable the learned Arbitrator
to take further action in the matter.
Accordingly, Civil Miscellaneous Petition is
disposed of.
SD/-
(E.S.INDIRESH)
JUDGE
KLV List No.: 1 Sl No.: 29
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