IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.7813 OF 2019(GM-RES) Between:
M/s.Sri Krishna Shelters Pvt. Ltd., No.59, Sri Krishna Sudha, West Anjaneya Temple Street, Opp. to Basavanagudi Main Road, Gandhi Bazaar, Bengaluru – 560 004.
By its Managing Director, K.A.Raghevendra.
(By Sri.Anil Kumar.S, Advocate-Absent) And:
1. Union of India, Central Public Works Department, D-Wing, 6th Floor, Kendriya Sadana, Koramangala, Bengaluru – 560 034.
Represented by its Chief Engineer, South Zone – III.
2. Government of India, Central Public Works Department, NITK, Surathkal Project Division-I, CPWD,NITK Campus, Yogakshema Building, Beech Road, Surathkal, … Petitioner Mangaluru – 574 146. Represented by the Executive Engineer.
(By Sri.M.N.Kumar, CGC) …Respondents This Writ Petition is filed under Article 226 of the Constitution of India, praying to quash the order of appointment of sole arbitrator Sri.K.Srinivasan, a retired Director General of CPWD, as ineligible to act as an arbitrator by the respondent No.1 in his order dated 04.05.2018 vide Annexure-B and etc.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioner.
Sri.M.N.Kumar, learned Central Government Counsel for the respondents.
2. Records perused. The petition is admitted for hearing.
3. In this petition, the petitioner inter alia seeks for a writ of certiorari for quashment of the order of appointment of Sole Arbitrator, namely, Sri.K.Srinivasan, a retired Director General of Central Public Works Department.
4. When the matter was taken up today, learned Central Government Counsel submitted that the writ petition has been rendered infructuous on account of efflux of time as the Sole Arbitrator has already passed the award in the month of March, 2019.
5. In view of the aforesaid submission, nothing survives for adjudication in this writ petition. However, the writ petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him under the law.
Sd/- JUDGE dn/-