M/S Durga Facility Management v. Union of India
Case brief
What is this about?
Karnataka High Court, Bengaluru — CIVIL MISC. PETITION No. 707 of 2025, decided 06.03.2026 by E.S.Indiresh, J. Durga Facility Management Services (Pvt) Ltd v. Union of India (Southern Railway authorities) — Section 11(6) Arbitration and Conciliation Act; appointment of sole arbitrator; Agreement for Works dated 08.08.2016; Clauses 63 and 64 General Condition of Contract; Award dated 16.01.2023 set aside under S.34 in A.P.No.162/2023 (allowed 13.10.2025, I Addl. District and Sessions Judge, Mangaluru); bar on re-agitating the same cause of action for a fresh arbitrator appointment after award set aside; petition dismissed.
What did the court decide?
In view of the Award dated 16.01.2023 having been questioned before the I Addl. District and Sessions Judge at Mangaluru in A.P.No.162/2023 and the S.34 petition having been allowed on 13.10.2025, the petitioner cannot be permitted to agitate the very same cause of action once again to seek appointment of an Arbitrator by way of this Civil Miscellaneous Petition.