PATIL CONSTRUCTION INFRASTRUCTURE vs. THE EXECUTIVE ENGINEER

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CMP/100013/2015HC KarnatakaKAHC02004786201507 July 2017Bench: A.S.BOPANNA3 pages
AI SummaryAllowed

What did the High Court hold?

The Court found that the issues and objections raised in this petition were similar to those in a previous, related petition. Therefore, the Court appointed Sri S. Ramdas, Civil Engineer (Retd.), KPWD, as the sole arbitrator to resolve the dispute.

What were the facts?

The petitioner, Patil Constructions Infrastructure Private Limited, filed a petition seeking the appointment of a sole arbitrator to resolve a dispute with the respondents, who are officials from the P.W.P and Inland Water Transport Department. The dispute arose from a contract for works.

What were the issues?

The primary issue was the appointment of a sole arbitrator to adjudicate the dispute between the construction company and the government department. The court considered the objections raised by the respondent.

Which sections of the Income-tax Act were involved?

Section 11(6)

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 7TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE A.S.BOPANNA CMP No.100013 OF 2015

BETWEEN:

PATIL CONSTRUCTIONS INFRASTRUCTURE PRIVATE LIMITED 2ND AND 3RD FLOOR PMPML, COMMERCIAL BUILDING NO.1, OPPOSITE INCOME TAX BUILDING, SHANKARSHETH ROAD, SWARGATE, PUNE-411042 STATE OF MAHARASHTRA, RPTD. BY ITS P.A.HOLDER, AUTHORIZED SIGNATORY, SHRI RAVINDRANATH R.H. S/O RAYANNA AGE: 28 YEARS,OCC: SERVICE R/O NO. 45, 4609, 6TH FLOOR HIGH POINT 4-PALACE ROAD, BENGALURU.

… PETITIONER (BY SRI. DINESH M. KULKARNI, ADV.)

AND:

1.

THE EXECUTIVE ENGINEER, P.W.P AND INLAND WATER TRANSPORT DEPARTMENT (IWT), BELAGAVI DIVISION, FORT BELAGAVI

2.

THE ASSISTANT EXECUTIVE ENGINEER P.W.P AND INLAND WATER TRANSPORT DEPARTMENT (IWT), SUB DIVISION NO.1, FORT, BELAGAVI

… RESPONDENTS (BY SRI RAVI V. HOSMANI, AGA)

THIS CIVIL MISCELLANEOUS PETITION IS FILED U/S.11(6) OF THE ARBITRATION AND CONCILATION ACT, 1996, PRAYING TO APPOINT ANY ONE OF THE ARBITRATOR SHOWN IN ANNEXURE TO CLAUSE 24 OF GENERAL CONDITIONS OF AGREEMENT VIDE ANNEXURE-C, VIDE KPWD/2010-11/RD/WORK-INDENTS 5689. ***

THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The instant petition is filed seeking appointment of the sole arbitrator to resolve the dispute between the parties. The issues as raised in this petition including the objections raised on behalf of respondent is similar to the contentions that had been raised for consideration before this Court in CMP No.100010/2015, wherein a consideration has been made by this Court and through the order passed this day, Sri. S. Ramdas, Civil Engineer, has been appointed as the sole arbitrator.

2.

Hence, for the reasons as indicated therein, this petition is also disposed of by keeping open of all contentions of the parties on merits to be urged before the Arbitrator. Accordingly, Sri S. Ramdas, Civil Engineer, Chief Engineer (Retd.), KPWD is appointed to act as the sole arbitrator.

3 3. Registry to dispatch a copy of this order to the Arbitration Centre, Bengaluru. The petitioners, to also file their claim statement before Arbitration Centre, Bengaluru. 4. The Arbitrator shall issue notice to the parties and thereafter proceed further in the matter in accordance with law and the proceeding be held in terms of the provisions contained in Arbitration and Conciliation Act, 1996 and the Rules governing in the Arbitration Centre, Bengaluru. Registry to return the papers, if any, sought by the learned Counsel for the petitioner.

Accordingly, the petition is disposed of.

Sd/- JUDGE

MNS/

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