The Executive Engineer v. M/S Anchor Lines P Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 4284 OF 2022 (GM-RES)

BETWEEN:

¶1THE EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD (SHIMOGA DIVISION) NOW REP BY EXECUTIVE ENGINEER KHB CO-ORDINATING UNIT HUBBALLI 580 020. …PETITIONER

(BY SRI. BASAVARAJ V. SABARAD, SENIOR ADVOCATE A/W SRI. H L PRADEEP KUMAR, ADVOCATE)

AND:

¶1M/S ANCHOR LINES P LTD CIVIL ENGINEERS AND CONTRACTORS KERALA SAMAJAM COMPLEX K S RAO ROAD, MANGALORE - 575 001 REPTD BY MANAGING PARTNER

¶2SRI. M V S RAO SOLE ARBITRARO NO.282, ARAKERE GATE, LAKSHMI LAYOUT 7TH CROSS, 2ND MAIN ROAD BANNERGHATTA ROAD, BANGALORE 560 076 …RESPONDENTS

(BY SRI. AJAY PRABHU M., CGSC FOR R1; R2 SERVED AND UNREPRESENTED)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS, QUASH/SET ASIDE THE ORDER DATED 21.01.2022 PASSED IN COM.A.S.NO.10/2017 BY THE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE COMMERCIAL COURT), BENGALURU CITY (CCH-89) PRODUCED AT ANNEXURE-F AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

Learned counsel appearing for the parties, on instructions, fairly submit that the present writ petition may be disposed of in terms of the order passed by this Court in a batch of petitions, the lead petition being W.P.No.4382/2022. In view of the aforesaid submission and since the controversy involved in the present petition is covered by the said order, it would be appropriate to extract paragraphs 4 to 11 thereof, which read as under: "4. It is submitted across the Bar that the arbitrator-defendant No.2 passed away on

30.01.2026. However, the Commercial Court accepting the affidavit filed by arbitrator-defendant

No.2 and also in view of the fact that the records would be available with the petitioners herein, had directed the parties to file the available records and to proceed the matter.

¶5That during the hearing of these petitions, upon the suggestion made, the parties have exchanged the records which according to them form part of the proceedings of the arbitration. However, they also submit that some of the records are not available.

¶6Learned Senior counsel appearing for the parties on instructions submit that liberty may also be reserved to the parties to produce further documents as and when available with the direction to the Commercial Court to take on record and the same would serve the purpose.

¶7In view of the above facts and circumstances and in the light of the fact that the parties have now exchanged the records, they shall submit the same before the Commercial Court, who shall proceed with the matter in accordance with law.

¶8It is made clear should the parties come across further documents which form part of the arbitral proceedings, with the consent, the same

shall be taken on record and opportunity in this regard shall also be provided.

¶9It is submitted that the next hearing date of the proceedings is scheduled on 04.04.2026, the Commercial Court shall permit the parties to submit the records and thereafter take up the matter for final disposal and dispose of the matter in accordance to law.

¶10In view of the peculiar facts and circumstances of the matter the interim order staying enforcement of the award which was earlier granted shall stand extended until disposal of the arbitral proceedings.

¶11With the above observation, writ petitions are disposed of."

¶2The controversy involved in the present petition is identical and analogous to the controversy considered in the aforesaid batch of petitions. The order passed by the Coordinate Bench, therefore, squarely covers the issue involved herein. Consequently, in terms of the aforesaid order and for the reasons assigned therein, the interim

order staying enforcement of the award, which was earlier granted, shall stand extended until disposal of the arbitral proceedings.

¶3With the above observations, the writ petition stands disposed of.

(SACHIN SHANKAR MAGADUM) JUDGE

CA List No.: 2 Sl No.: 7