IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION No.154 OF 2017 BETWEEN:
Sri. A. Mohan Babu S/o Sri. Bhaskara Rao, Aged about 56 years, Occ: Engineer and Contractor, R/at1/P, Oilmol Ramanath Colony, Sao Jose Areal (VP) Salcete, Goa.
(By Sri. Sampath Bapat, Advocate) AND:
Union of India Rep. by 1. The Chief Administrative Officer Construction, South Western Railway, 18, Millers Road, Bengaluru – 46.
2. The Chief Engineer/West Construction, South Western Railway, 18, Millers Road, Bengaluru – 46.
… Petitioner 3. The Dy. Chief Engineer/HQ Construction, South Western Railway, 18, Millers Road, Bengaluru – 46.
4. The General Manager South Western Railway, GM Office Building, Gadag Road, Hubbali – 580 020.
(By Sri. Abhinay Y.T., Advocate for Sri. N.S. Sanjay Gowda, Advocate) … Respondents This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint a sole arbitrator to resolve the disputes and outstanding issues between the parties in accordance with the provisions of the Agreement bearing No.CAO/CN/BNC/72934/A/456/I/09 dated 09.01.2009 vide Annexure-C and in accordance with Arbitration and Conciliation Act, 1996, in the interest of justice.
This Civil Miscellaneous Petition coming on for Admission, this day, the Court made the following:-
ORDER Mr.Sampath Bapat, learned counsel for the petitioner.
Sri.Abhinay.Y.T, learned counsel for Sri.N.S.Sanjay Gowda, learned counsel for respondent Nos.1 to 4.
The petition is admitted for hearing. With the consent of the learned Counsel for the parties, the same is heard finally.
2. By means of this petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator to resolve the disputes and outstanding issues between the parties in respect of the agreement dated 09.01.2009.
3. Facts giving rise to the filing of this petition briefly stated are, that on 17.04.2008, a tender notice was issued by the respondents for ‘15534 RAMANAGARAM-MYS (91.50 KM) WITH Bangalore City – Mysore section Doubling Project’. The tender of the petitioner was accepted on 25.09.2008, and thereafter on 09.01.2009, the parties entered into an agreement. As per Clauses 63 & 64 of the general conditions of the contract, the dispute between the parties had to be adjudicated by arbitration.
4. It is the case of the petitioner that even though he had successfully completed the work, the amount due to him was not paid. A dispute between the parties arose. The petitioner sent a notice dated 15.07.2015 seeking appointment of an arbitrator. However, the notice sent by the petitioner failed to evoke any response. In this factual background, the petitioner has approached this Court.
5. When the matter was taken up today, learned Counsel for the parties jointly submit that the controversy involved in the present petition is squarely covered by an order dated 08.02.2019 passed by this Court in CMP No.155/2017.
6. In view of the aforesaid submissions made at the bar and for the reasons assigned in the order dated 08.02.2019 passed in CMP No.155/2017, Hon’ble Mr. Justice H.G.Ramesh, former Judge of this Court, is appointed as the sole arbitrator, to adjudicate the dispute between the parties. Office is directed to transmit the copy of this order to Hon’ble Mr. Justice Sri. H.G.Ramesh, former Judge of this Court.
7. A copy of this order be dispatched to the Arbitration Centre, Khanija Bhavan, Bengaluru for necessary action in that regard. Learned counsel for the petitioner shall also approach the Arbitration Centre with the relevant papers to be filed therein. The learned Arbitrator appointed herein shall thereupon enter reference and proceed with the matter in accordance with law and the Rules governing the Arbitration Centre.
Accordingly, petition is disposed of.
Sd/- JUDGE dn/-