Allowed¶39

Nbcc (India) Ltd. v. Bharat Heavy Electricals Limited (Bhel)

Karnataka HC10 Oct 2025CMP/59/2023

Case brief

AI extract

What is this about?

Karnataka HC, CMP No. 59 of 2023, decided 10.10.2025 by Suraj Govindaraj J. NBCC (India) Ltd v. BHEL. Section 11(6) Arbitration and Conciliation Act 1996 appointment of sole arbitrator; Clause 9 Tender Notice letter 25.01.2005 ref IS-1-04-2011/003 (Annexure-A); Letter of Award dated 04.04.2005 (Annexure-B); both parties Public Sector units; dispute referred to Administrative Mechanism for Resolution of Commercial Disputes (AMRCT), Department of Public Enterprises; counsel to appear 29.10.2025, 2.30 p.m.; CMP allowed.

What did the court decide?

CMP allowed; the dispute between the parties referred to the Administrative Mechanism for Resolution of Commercial Disputes (AMRCT); both counsel directed to appear before the AMRCT on 29.10.2025 at 2.30 p.m. without requirement of any further notice. ¶39

Nbcc (India) Ltd. Vs Bharat Heavy Electricals Limited (Bhel) — Arbitration | Karnataka HC (2025)

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NC: 2025:KHC:40482 CMP No. 59 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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CIVIL MISC. PETITION NO. 59 OF 2023

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BETWEEN:

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NBCC (INDIA) LTD, COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, NBCC BHAWAN, LODHI ROAD, NEW DELHI - 110 003.

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REP. BY ITS AUTHORIZED SIGNATORY, YOGESH SHARMA, S/O J P SHARMA, AGED ABOUT 57 YEARS.

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…PETITIONER

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(BY SRI AHAAN MOHAN, ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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BHARAT HEAVY ELECTRICALS LIMITED (BHEL), ISG, IISC POST, PROF. CNR RAO CIRCLE, MALLESWARAM, BANGALORE - 560 012

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…RESPONDENT

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(BY SMT. DEEPTHI C.R & SRI PINAZ KERSI KARKARIA, ADVOCATES)

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THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR APPOINTMENT OF A SOLE ARBITRATOR, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO A) TO APPOINT AN ARBITRATOR IN ACCORDANCE TO SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 TO ADJUDICATE THE DISPUTE PERTAINING TO THE LETTER OF AWARD DATED 04.04.2005 ANNXURE B BETWEEN THE PARTIES IN THE INSTANT PETITION

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NC: 2025:KHC:40482 CMP No. 59 of 2023

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HC-KAR

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B) TO GRANT SUCH OTHER RELIEF, WHICH THIS HONBLE COURT MAY DEEM FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, 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 following reliefs;

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a. "To appoint an Arbitrator in accordance with Section 11(6) of the Arbitration and Conciliation Act, 1996 as per Clause 9 of the Tender Notice issued though letter dated 25.01.2005 bearing reference no. IS-1-04-2011/003 attached herewith and marked as "Annexure-A", issued in favour of the Petitioner by the Respondent to adjudicate the dispute between the Parties in the instant Petition.

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b. To grant such other relief, which this Hon'ble High Court may deem fit under the circumstances of the case in the interest of justice and equity."

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Notice having been issued to the Respondent. Respondent has filed the statement of objections.

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Both the counsel today submit that since the Petitioner and Respondent are Public Sector units, the disputes would have to be referred to the Administrative Mechanism for Resolution of

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NC: 2025:KHC:40482 CMP No. 59 of 2023

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HC-KAR

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Commercial Disputes ( 'AMRCT' for short) setup of by

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the Department of Public Enterprises.

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Accepting the submissions of both the counsel, I pass the following:

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ORDER

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i. CMP is allowed .

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ii. The dispute between the parties is referred to Administrative Mechanism for Resolution of Commercial Disputes.

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iii. Since the order is passed in the presence of both the counsel, they shall appear before the AMRCT without requirement of any further notice on 29.10.2025 at 2.30 p.m.

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SD/(SURAJ GOVINDARAJ) JUDGE

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KTY List No.: 1 Sl No.: 105

Nbcc (India) Ltd. v. Bharat Heavy Electricals Limited (Bhel)

Case brief

What is this about?

What did the court decide?

Nbcc (India) Ltd. v. Bharat Heavy Electricals Limited (Bhel)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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