High CourtsSingle Bench(2010) 06 KAR CK 0037

B.N. Kappanna and Sons vs Union of India (UOI)

Karnataka High Court · Decided on 14 June 2010

HON’BLE JUDGES
Ajit J. Gunjal, J
RESULT
Allowed
CASE NUMBER
C.M.P. No. 114 of 2008

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Judgment

8 paragraphs · 256 words

Ajit J. Gunjal, J.—The petitioner is a civil contractor and he is engaged in execution of civil works of the State and Central Government. The respondents invited tenders for civil works in the project of doubling the track between Kengeri and Ramanagara. The petitioner has completed the work and has submitted the rate of execution of the tender work.

2.

It is the claim of the petitioner that the respondents are satisfied with the tender rates and issued an acceptance letter and later entered into a detailed agreement with the petitioner.

3.

It is noticed that the petitioner could not complete the work within the agreed period and even beyond the extended period on account of nonperformance of certain requirement by the respondents and also for the reasons beyond the control of the petitioner. A notice is issued invoking the arbitral clause and the same is responded by the respondents suggesting four names.

4.

When the matter is taken up, learned Counsel appearing for the petitioner is agreeable for the two names suggested by the respondents.

5.

In view of the fact that a dispute has arisen between the petitioner and the respondents and the same is required to be resolved by appointing arbitrators. Hence the following:

ORDER

Petition is allowed. Mr. Gopal Khairwar CE/TP/HQ and Smt. Aparna Garg FA & CAO/CN/BNC are appointed as arbitrators to resolve the dispute between the petitioner and the respondents. Both the arbitrators shall enter reference and cause notice to the parties.

Registry to communicate this order to the arbitrators.