IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.4520-4521 OF 2019 (GM-RES) c/w.
WRIT PETITION NOS.292-293 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 RAGHAVENDRA.
… COMMON PETITIONER (BY SRI M. SHIVAPPA, SR. COUNSEL) 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-II CPWD NITK CAMPUS YOGAKSHEMA BUILDING BEECH ROAD, SURATHKAL MANGALURU-574 146 REPRESENTED BY THE EXECUTIVE ENGINEER.
… COMMON RESPONDENTS (BY SRI M.N.KUMAR, CGC.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF APPOINTMENT OF SOLE ARBITRATOR, SRI. L.P.SRIVASTAVA, A RETIRED ADDITIONAL DIRECTOR GENERAL OF CPWD, GANDHINAGAR, GUJARATH AS INELIGIBLE TO ACT AS AN ARBITRATOR BY THE R-1 IN HIS ORDER DATED 20.11.2017 UNDER ANNEXURE-B AND DATED 20.11.2017 UNDER ANNEXURE-C. ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri M Shivappa, learned senior counsel for Sri Anil Kumar S., learned counsel for the petitioners.
Sri M.N.Kumar, learned Central Government Counsel for respondents.
Heard on I.As.No.3/2019 seeking conversion of writ petitions into civil miscellaneous petitions.
2. For the reasons assigned in the affidavits accompanying I.As.No.3/2019, these writ petitions are permitted to be converted into civil miscellaneous petitions.
3. It is needless to state that the respondent is at liberty to file objections with regard to the merits of the matter as contained in the civil miscellaneous petitions as may be admissible under law. Accordingly, I.As.No.3/2019 are allowed and writ petitions are disposed of for statistical purpose.
4. Let the steps be taken by learned senior counsel for the petitioners within 27.03.2019.
5. Office is directed to register the civil miscellaneous petitions and list the same on 27.03.2019.
In view of the disposal of the main petitions, I.A.No.2/2019 in both petitions do not survive for consideration and hence, I.As.No.2/2019 are disposed of.
Sd/- JUDGE nvj