Karnataka State Road Transport Vs Sri Shafeeq Ahamed

KARNATAKA STATE ROAD TRANSPORT CORPORATION HAVING ITS OFFICE AT: KSRTC, DIVISIONAL OFFICE, MYSURU URBAN DIVISION, BANNIMANTAPA ROAD, MYSURU - 570 015. REP. BY ITS CHIEF LAW OFFICER, KSRTC, CENTRAL OFFICES, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027.

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…PETITIONER

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(BY SRI. P.D. SURANA, ADVOCATE)

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AND:

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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SRI. SHAFEEQ AHAMED S/O LATE NAZIR AHAMED, AGED ABOUT 61 YEARS, R/AT NO.41, 2^ND CROSS, BANNIMANTAPA 'C' LAYOUT, BANNIMANTAPA, MYSURU - 570 015.

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…RESPONDENT

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(BY SRI. KUMARA, ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PARTIES IN TERMS OF CLAUSE 46 OF THE AGREEMENT ENTERED INTO BETWEEN THE PARTIES

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NC: 2026:KHC:15586 CMP NO.270 OF 2025

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HC-KAR

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DATED 13^TH NOVEMBER, 2017 VIDE ANNEXURE-A FOR ADJUDICATING THE CLAIM OF RS.1,89,18,719/- ALONGWITH INTEREST.

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

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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In this petition, the petitioner is seeking appointment of an Arbitrator to resolve the dispute between the parties

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in terms of Clause 46 of the Agreement dated 13^th November, 2017 (Annexure-A).

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Heard Sri. P.D. Surana, learned counsel

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appearing for the petitioner and Sri. Kumara, learned counsel appearing for the respondent.

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Sri. Kumara, learned counsel appearing for the respondent submits that, in terms of Clause 46(b) of the Agreement dated 13^th November, 2017 (Annexure-A), the Managing Director, KSRTC has to take decision in the matter and therefore, appointment of Arbitrator is not necessary at this stage. Accordingly, he sought for dismissal of the petition.

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NC: 2026:KHC:15586 CMP NO.270 OF 2025

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HC-KAR

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In reply to the submission made by learned

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counsel appearing for the respondent, Sri. P.D. Surana, learned counsel appearing for the petitioner referred to the order dated 10^th March, 2026 passed by this Court and submitted that, as per the direction of this Court, the respondent herein has made claim against the petitioner in the meeting held on 11^th March, 2026 before the Managing Director, KSRTC, however, same has failed. Accordingly, he sought for appointment of Arbitrator to resolve the dispute between the parties.

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In the light of submission made by learned counsel appearing for the parties, on careful consideration of Clause 46 of the Agreement dated 13^th March, 2017 (Annexure-A), the same would indicate that, a provision has been made to refer the matter to the Managing Director, KSRTC. In this regard, this Court, by order dated 10^th March, 2026, directed the respondent to appear before the Managing Director, KSRTC on 11^th March, 2026, however, it appears that the said meeting has failed for concurrence as to resolve the dispute between the parties, which is

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4 - NC: 2026:KHC:15586 CMP NO.270 OF 2025

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HC-KAR

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forthcoming from the memo dated 17^th March, 2026 filed by the respondent.

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In that view of the matter, I am of the view that, an Arbitrator be appointed to resolve the dispute between the parties in terms of Clause 46(c) of the Agreement dated 13^th November, 2017. Therefore, Hon'ble Mr. Justice Ramachandra D. Huddar, former judge of this Court is appointed as an Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

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In order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Bengaluru on 15^th April, 2026 at 11.00 a.m.

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