M/S M V Constructions v. Union of India

ORDER A. The petition is allowed, and Hon'ble Smt. Justice M. G. Uma, a Former Judge, High Court of Karnataka, is appointed as the sole arbitrator to enter reference of the dispute between the petitioner and respondents and conduct the proceeding at the Arbitration and Conciliation Centre [Domestic and International], Bengaluru according to the Rules governing the Arbitration and Conciliation Centre [Domestic and International], Bengaluru.

B. The Registry is directed to communicate this order [through email] to the Arbitration and Conciliation Centre [Domestic and International], Bengaluru and Hon'ble Smt. Justice M. G. Uma, a Former Judge, High Court of Karnataka. Address: No.4143, 14th Floor, Tower-4, Prestige Misty Waters, Kempapura Main Road, Outer Ring Road, Hebbal, Bengaluru-E-mail id:- [uma.venkatesh13@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

C. The submissions of the learned counsel for the petitioner that the addresses of the parties as mentioned in the cause title are also the current addresses of

the parties is taken on record, and the parties are directed to appear before the Director, the Arbitration and Conciliation Centre [Domestic and International] Bengaluru, on

28.09.2026 at 11.30 am.

Sd/- (B M SHYAM PRASAD) JUDGE

RB

e -e1e-eeeee e e ((((((((((((HC-KAR, NC:(2026:KHC:46467( CMP(No.(88(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010125372026(e ( e ( INATHEAHIGHACOURTAOFAKARNATAKAAATABENGALURUA e THe DATEDATHISATHEA27 ADAYAOFAAUGUST,A2026A e BEFOREA e THEAHON'BLEAMR.AJUSTICEABAMASHYAMAPRASADA e CIVILAMISC.APETITIONANO.A88AOFA2026AA e A BETWEEN:AAe A e - M/S-M-V-CONSTRUCTIONS- THNO.-16,-4 -CROSS,-- e LAKSHMIPURA-LAYOUT,-- e DEVASANDRA,-K.R.-PURAM,-- BENGALURU-560-036,- e - e A-REGD.-PARTNERSHIP-FIRM-- REP-BY-ITS-AUTHORIZED-SIGNATORY-- e SRI-CHERUKURU-VENKATESWARULU- e …PETITIONER- -e (BY-SRI.-SAMPATH-BAPAT,-ADVOCATE)-e eDigitally A signed by AND:A VANAMALA A N e 1.- UNION-OF-INDIA- Location: REP-BY-THE-GENERAL-MANAGER,-- HIGH SOUTH-WESTERN-RAILWAY,-- COURT OF RAIL-SADAN,-GADAG-ROAD,-KARNATAKA HUBLI-20- - 2.- THE-CHIEF-ADMINISTRATIVE-OFFICER- (CONST),-SOUTH-WESTERN-RAILWAY,-- 18,-MILLERS-ROAD,-- BENGALURU-560-046.- - - e e -e2e-eeeee e e ((((((((((((HC-KAR, NC:(2026:KHC:46467( CMP(No.(88(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010125372026( ( ( 3.- THE-CHIEF-ENGINEER-(CONST-III)- SOUTH-WESTERN-RAILWAY,-- 18,-MILLERS-ROAD,-- BENGALURU-560-046.- 4.- THE-DEPUTY-CHIEF-ENGINEER- CONSTRUCTION,-- SOUTH-WESTERN-RAILWAY,-- YADAVAGIRI,-- MYSURU-570-020.- …RESPONDENTS- - (BY-SRI.-MANOJ,-ADVOCATE-FOR;- ------SRI.-UNNIKRISHNAN-M.,-ADVOCATE-FOR-R1-–-R4)- - - - THIS- CMP- IS- FILED- UNDER- SECTION- 11(6)- OF- THE- ARBITRATION- AND- CONCILIATION- ACT,- 1996.,- PRAYING- TO- APPOINT- A- SOLE- ARBITRATOR- FOR- RESOLVING- THE- DISPUTE- THAT- HAVE- ARISEN- BETWEEN-THE-PARTIES-IN-RESPECT-OF-AGREEMENT- NO.SWR/SWRC/CIVIL/2023/0102- DATED- 27.12.2023- AS-PRODUCED-IN-ANNEXURE---B-AND-CLAUSE-64-OF- GCC.- - THIS- PETITION,- COMING- ON- FOR- ADMISSION,- THIS-DAY,-ORDER-WAS-MADE-THEREIN-AS-UNDER:- CORAM:- -HON'BLE-MR.-JUSTICE-B-M-SHYAM-PRASAD- - A e ORAL ORDER Mr. Sampath Bapat, the learned counsel for the petitioner arguing for the appointment of a Former Judge of this Court as a sole arbitrator, submits that the existence of an agreement for arbitration is not in dispute and the petitioner's dispute with the respondents is because of the change in the scope of work and the manner of executing the work. The learned counsel also submits that petitioner's claim is for money from the respondents which the respondents contest. Mr. Manoj, the learned counsel who appears on behalf of Mr. Unnikrishnan M - the learned counsel on record for the respondents, is heard for the disposal of the petition. This Court is persuaded to opine that the existence of the arbitration agreement and the arbitrability of the dispute is shown; and because no impediment is shown for the appointment of a Former Judge of this Court to enter reference of the dispute between the petitioner and the respondents as the sole arbitrator, the petition is allowed by this order leaving open all contentions, except those relating to the jurisdiction.