Beml Limited Vs Wilh Loesch India Private Limited

BEML LIMITED SCHEDULE 'A' COMPANY UNDER MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, HAVING ITS CORPORATE OFFICE AT: 'BEML SOUDHA', NO.23/1, 4^TH MAIN, S.R. NAGAR, BENGALURU - 560 027. REP. BY ITS AUTHORISED SIGNATORY. …PETITIONER

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(BY SRI. NISCHAL DEV B.R., 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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WILH. LOESCH INDIA PRIVATE LIMITED UNIT NO.1711/1712, SOLUS, HIRANANDANI ESTATE, PATILPADA, THANE (W), MAHARASHTRA - 400 607. REP. BY ITS AUTHORISED SIGNATORY. 2. WILH. LOESCH SEALAND INDIA PVT. LTD. UNIT NO.1711/1712, SOLUS, HIRANANDANI ESTATE, PATILPADA, THANE (W), MAHARASHTRA - 400 607. REP. BY ITS AUTHORISED SIGNATORY. …RESPONDENTS

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(RESPONDENTS - SERVED)

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2 -

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NC: 2026:KHC:18427 CMP NO.85 OF 2025

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HC-KAR

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN INDEPENDENT AND IMPARTIAL SOLE ARBITRATOR FOR REFERENCE OF THE DISPUTES ARISING OUT OF OR RELATING TO THE WORK ORDER DATED 13^TH SEPTEMBER, 2021 AND AMENDED WORK ORDER DATED 04^TH FEBRUARY, 2022 PERTAINING TO THE E-TENDER DATED 05^TH FEBRUARY, 2021 ISSUED BY THE PETITIONER IN FAVOUR OF THE RESPONDENT PURSUANT TO CLAUSE 18 OF THE COMMERCIAL TERMS AND CONDITIONS OF THE E-TENDER VIDE ANNEXURE-A.

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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 E.S.INDIRESH

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ORAL ORDER

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In this petition, the petitioner is seeking an appointment of Arbitrator to resolve the disputes between the parties arising out of Work Order dated 13^th September, 2021 and Amended Work Order dated 04^th February, 2022 pertaining to the Tender Notice dated 05^th February, 2021 (Annexure-A) in terms of Clause 18 of Commercial Terms and Conditions of the said Tender Notice.

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NC: 2026:KHC:18427 CMP NO.85 OF 2025

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HC-KAR

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Heard Sri. Nischal Dev B.R., learned counsel

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appearing for the petitioner. Respondents are served and remained absent.

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Having taken note of the submission made by learned counsel appearing for the parties, I have carefully perused Clause 18 of the Commercial Terms and Conditions of the Tender Notice dated 05^th February, 2021 (Annexure-A), which provides for resolution of dispute between the parties through an Arbitration. In that view of the matter, I am of the view that, a former judge of this Court be appointed as Arbitrator to resolve the dispute between the parties.

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Therefore, Hon'ble Mr. Justice Ram Mohan Reddy,

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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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All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.

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A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and

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NC: 2026:KHC:18427 CMP NO.85 OF 2025

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HC-KAR

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International), Khanija Bhavan, Bengaluru for proceeding further in the matter.

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Registry is directed to return the original documents

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if any, produced by the parties, after obtaining photostat copy of the same for the file.

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Accordingly, Civil Miscellaneous Petition is disposed of.

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SD/(E.S. INDIRESH) JUDGE

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ARK

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List No.: 2 Sl No.: 29

Beml Limited v. Wilh Loesch India Private Limited

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Beml Limited v. Wilh Loesch India Private Limited

Case brief

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