IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 483 OF 2025 BETWEEN:

KEC INTERNATIONAL LIMITED A COMPANY WITHIN THE MEANING COMPANIES ACT 1956 HAVING REGISTERED OFFICE AT RPG HOUSE, 463 DR. ANNIE BESANT ROAD WORLI, MUMBAI MAHARASHTRA 400030 ALSO AT BUILDING NO. 9A, 8^TH FLOOR, Digitally DLF CYBERCITY, PHASE III, signed by GURUGRAM, HARYANA 122002 SUNITHA K S REPRESENTED BY ITS AUTHORIZED Location: REPRESENTATIVE MR. LOKESH GUPTA HIGH COURT …PETITIONER OF KARNATAKA (BY SRI. ADITYA NARAYAN., ADVOCATE)

AND:

1. UNION OF INDIA ACTING THROUGH THE GENERAL MANAGER, SOUTH WESTERN RAILWAYS RAIL SOUDHA GADAG ROAD HUBBALI KARNATAKA 580020

2. SOUTH WESTERN RAILWAYS RAIL SOUDHA GADAG ROAD HUBBALI KARNATAKA 580020 REPRESENTED BY ITS GENERAL MANAGER

3. CENTRAL ORGANIZATION FOR RAILWAY ELECTRIFICATION CIVIL LINES

1. NAWAB YUSUF ROAD PRAYAGRAJ UTTAR PRADESH 211 001 REPRESENTED BY ITS CHIEF ADMINISTRATIVE OFFICER …RESPONDENTS (BY SRI. MADHUKAR M D., ADVOCATE)

THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO (a) APPOINT HONBLE MR. JUSTICE S. GURURAJAN AS SOLE ARBITRATOR TO ARBITRATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES IN RESPECT OF WHICH THE PETITIONER HAS ISSUED THE NOTICE INVOKING ARBITRATION DATED 26.05.2025 (ANNEXURE - R), IN VIEW OF THE CLAUSE 64 OF THE GENERAL CONDITIONS OF CONTRACT (ANNEXURE - Z) FORMING PART OF THE CONTRACT DATED 15.09.2020 (ANNEXURE - E) IS INEFFECTIVE FOR THE REASONS SET OUT THEREIN OR, IN THE ALTERNATIVE, (b) APPOINT AN APPROPRIATE PERSON AS THIS HONBLE COURT DEEMS FIT AS THE RESPONDENTS NOMINEE ARBITRATOR, AND FURTHER DIRECT SUCH ARBITRATOR, TOGETHER WITH THE PETITIONERS NOMINEE ARBITRATOR (HONBLE MR. JUSTICE S. GURURAJAN), HON’BLE JUDGE, HIGH COURT OF KARNATAKA) TO NOMINATE/APPOINT THE PRESIDING ARBITRATOR OF THE THREE MEMBER PANEL OF ARBITRATORS FOR ADJUDICATION, THROUGH ARBITRATION, OF THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES AND IN RESPECT OF WHICH THE PETITIONER HAS ISSUED THE NOTICE INVOKING ARBITRATION DATED 26.05.2025 (ANNEXURE - R) IN TERMS OF CLAUSE 64 OF THE GENERAL CONDITIONS OF CONTRACT (ANNEXURE - Z) FORMING PART OF THE CONTRACT DATED 15.09.2020 (ANNEXURE - E)

THIS PETITION, COMING ON FOR ADMISSION, 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 short ‘ the Act’) seeking for the appointment of the Arbitrator in terms of clause 64 of the General Conditions of Contract forming part of a contract dated 15.09.2020 vide Annexure Z and E as per the provisions of the Act.

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

3. The petitioner and Respondent No.3 executed a contract dated 15.09.2020 pursuant to the tender floated by Respondent No. 3 for execution of the electrification works. The petitioner completed the work within the revised time lines and received a competition certificate on 30.08.2024. The petitioner raised claims for price variation, and compensation for extended stay and lockdown losses. However, the claims were not accepted. The petitioner issued a notice on 01.08.2024 of dispute and sought for appointment of the Conciliator. The respondents failed to appoint conciliator. Thereafter the petitioner sought reference of the dispute to Respondent No. 2- general Manager of South Western Railway. However the decision of the General manager was not furnished to the Petitioner despite lapse of 120 days as required by the contract. The petitioner issued an arbitration notice invoking arbitration clause on 26.05.2025 and proposed the name of the arbitrator. Respondent No. 2 issued a reply stating that the dispute does not require arbitration and refused to nominate the arbitrator. Further, the petitioner again on 30.06.2025 reiterated its request reg