M/S Gannon Dunkerley and Co., Ltd. Vs M/S Bharat Heavy Electricals Ltd.

M/S GANNON DUNKERLEY AND CO., LTD. A-501 AND 502, BUSINESS SQUARE, 151, ANDHERI KURLA ROAD, CHAKALA, ANDHERI (EAST), MUMBAI 40093 REPRESENTED BY ITS ASSISTANT VICE PRESIDENT MR D VENKATA RAMANA

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…PETITIONER

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(BY SRI. GAUTAM SHREEDHAR BHARADWAJ., ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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M/S BHARAT HEAVY ELECTRICALS LTD. P.B. NO 1245, CNR RAO CIRCLE, OPPOSITE INDIAN INSTITUTE OF SCIENCE, MALLESWARAM, BENGALURU, KARNATAKA 560012 REPRESENTED BY ITS GENERAL MANAGER MR. B.R.DINESH

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…RESPONDENT (BY SRI. PINAZ KERSI KARKARIA., ADVOCATE)

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THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THIS HONBLE COURT BE PLEASED TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON THE PENDING LIS IN RELATION WORK ORDER NO. 88/08/0037/AKS DATED 06.03.2009 ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENT (ANNEXURE-A) READ WITH CLAUSE 2.14 OF

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NC: 2025:KHC:46825 CMP No. 131 of 2024

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HC-KAR

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SECTION 2 OF GENERAL CONDITION OF CONTRACT, WHICH IS PRODUCED AS (ANNEXURE B).

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court seeking for the

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following reliefs:

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“a. This Hon'ble Court be pleased to appoint a Sole Arbitrator to adjudicate upon the pending lis in relation work order no. 88/08/0037/AKS dated 06.03.2009 entered into between the petitioner and respondent (Annexure- A) read with Clause 2.14 of section 2 of General Condition of Contract, which is produced as (Annexure- B).

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b. For such other and further reliefs as the nature and circumstances of the case as may require.”

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2. A joint memo has been filed, which is signed by the

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learned counsel for the petitioner and the learned counsel for the respondent, which reads as under:

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“JOINT MEMO

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The Petitioner and Respondent most respectfully and jointly submit as follows:

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1. It is submitted that the Petitioner has filed the Present Petition under Section 11 of the Arbitration and Conciliation Act, 1996, for the Appointment of a

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3 - NC: 2025:KHC:46825 CMP No. 131 of 2024

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HC-KAR

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Sole Arbitrator in relation to disputes arising under Work Order No. 88/08/0037/AKS dated 06.03.2009 entered into between the Petitioner and Respondent.

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2. It is submitted that after filing of the present Petition, the Petitioner and Respondent have amicably settled their disputes arising out of the Work Order No. 88/08/0037/AKS dated 06.03.2009.

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3. It is submitted that on 13.11.2025, the Petitioner and Respondent entered into a Minutes of Settlement Meeting wherein the Respondent has agreed to pay the Petitioner a total sum of Rs. 4,65,29,218/- in two tranches, l.e. 2,68,15,000/- before 15.12.2025 and the balance amount of Rs. 1,97,14,218 before 15.01.2026 towards the full and final settlement of the dispute arising out of the Work Order No. 88/08/0037/AKS dated 06.03.2009. A copy of the Minutes of the Settlement Meeting dated 13.11.2025 entered between the Petitioner and Respondent is herein produced and marked as DOCUMENT NO.1

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4. Therefore, in pursuance of the settlement entered into between the Petitioner and Respondent on 13.11.2025, this Hon'ble Court may be pleased to dispose of the present Petition in terms of settlement while granting liberty to the Petitioner in case the Respondent fails to pay the above amounts in terms of the settlement.

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WHEREFORE, it is most respectfully prayed that the present Petition shall be disposed of in terms of the settlement dated 13.11.2025 entered into between the Petitioner and Respondent, in the interests of Justice.”

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Both the learned counsel jointly submit that in terms of the memo, the agreed amount due being Rs.4,65,29,218/- will be paid in two tranches, i.e., a sum

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NC: 2025:KHC:46825 CMP No. 131 of 2024

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HC-KAR

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of Rs.2,68,15,000/- before 15.12.2025 and the balance amount of Rs.1,97,14,218/- before 15.01.2026, in full and final settlement of the claim of the petitioner.

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The settlement memo is taken on record. Liberty is reserved to the petitioner to move the above matter for revival of the above matter, if the respondent were not to make the payment as indicated above in the joint memo.

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Petition stands disposed off.

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SD/(SURAJ GOVINDARAJ) JUDGE

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List No.: 1 Sl No.: 16

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JJ

M/S Gannon Dunkerley and Co., Ltd. v. M/S Bharat Heavy Electricals Ltd.

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M/S Gannon Dunkerley and Co., Ltd. v. M/S Bharat Heavy Electricals Ltd.

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