IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE C.M.P.NO. 282/2018 BETWEEN M/S. MAJEED ENGINEERING WORKS REPRESENTED BY ITS SOLE PROPRIETOR ABDUL LATEEF B, AGED ABOUT 53 YEARS, 39/1, HASSAN ROAD, ARSIKERE - 573 103, HASSAN DISTRICT. KARNATAKA.
(BY SRI C.C. THOMAS, ADV.) ... PETITIONER AND 1. THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, GADAG ROAD, P.O. HUBLI 580 020.
2. THE DIVISIONAL RAILWAY MANAGER (WORKS) BANGALORE DIVISION, S.W. RAILWAY, BANGALORE 560 023.
... RESPONDENTS (BY SRI C. BABU, ADV. FOR R1 & R2 ) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)(A) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING 2 TO GIVE DIRECTION TO FIRST RESPONDENT TO APPOINT AN ARBITRATOR AS PER CLAUSE 63 & 64 OF GCC (ANNEXURE-C) WHICH IS MADE PART OF THE AGREEMENT NO. 128/SBC/13 DATED: 16.08.2013 (VIDE ANNEXURE-B) TO DECIDE THE CLAIMS (I.E., CLAIM NOS. 1,2,8 AND 9 MENTIONED IN ANNEXURE-F) BUT OMITTED FROM TOR (ANNEXURE-G) AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioner after arguing the matter for sometime seeks leave of this Court to withdraw the petition with liberty to file the same afresh after issuing notice to the respondents seeking appointment of an arbitrator.
Accordingly, the petition is dismissed as withdrawn with liberty as aforesaid.
Sd/- JUDGE VP