M/S. Skylit Engineers and Infrastructure (P) Ltd., v. Mysore Rural Karnataka State Road Transport Corporation
Arbitration and Conciliation Act, 1996 – Sections 11(5) and 21
Case brief
What is this about?
High Court of Karnataka, Bengaluru; CIVIL MISC. PETITION No. 17 of 2025; decided 10-06-2025 by Justice B M Shyam Prasad (oral order). Skylit Engineers and Infrastructure (P) Ltd. (formerly Skytech Engineers and Builders Pvt. Ltd.), through counsel Shivayogi B. Hallur, sought appointment of a sole arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 against Mysore Rural KSRTC Employees House Building Co-operative Society Ltd. per Clause 16 of MoU(s) dated 29.07.2010 and 17.08.2022 (Annexures A, B). Held: Section 21 pre-arbitration notice requirements were not complied with - the respondent's consent to the arbitrator nomination ought to have been sought first; petition disposed of with liberty to give fresh notice and re-file if cause arises. No precedents discussed; no monetary quantum.
What did the court decide?
No arbitrator appointed; liberty to the petitioner to cause fresh notice and file a petition if there is cause for the same.