M/S Kmv Projects Limited Vs Karnataka Residential Educational Institutions Society

M/S KMV PROJECTS LIMITED REGISTERED OFFICE AT 12A 12TH FLOOR D NO. 2-91/5 TRENDSET JAYABHERI CONNCET KOTHAGUDA X ROAD KONDAPUR HYDERABAD -500084 TELANGANA

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REGIONAL OFFICE AT NO. 28 NAGAPPA STREET NEHRU CIRCLE (NEXT TO SESHADRIPURA COLLEGE) SESHADRIPURAM BENGALURU -560020

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REP BY ITS VICE PRESIDNET SRI TARANATH DASARI

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…PETITIONER

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(BY SRI. G.B. SHARATH GOWDA., ADVOCATE)

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NC: 2026:KHC:26945 CMP No. 87 of 2026 C/W CMP No. 89 of 2026 CMP No. 90 of 2026

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HC-KAR

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AND:

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KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY OFFICE AT NO. MSB -1 6TH AND 7TH FLOOR CUNNINGHAM ROAD BENGALURU -560052 REP BY ITS EXUCTIVE DIRECTOR

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…RESPONDENT

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(BY SRI. SHISHIRA AMARNATH., ADVOCATE)

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THIS CIVIL MISCELLANOUS PETITION IS FILED UNDER SECTION 11(5)(6) OF ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE DISPUTE BETWEEN THE PARTIES AND ALLOW THE SAID ARBITRATOR TO ENTER UPON THE REFERENCE AND ADJUDICATE THE DISPUTE AND DIFFERENCE BETWEEN THE PARTIES ARISING OUT OF THE CONSTRUCTION AGREEMENT DATED 06.03.2018 THE ARBITRATION CLAUSE IS MENTIONED IN CLAUSE 4 OF THE CONDITIONS OF CONTRACT IN ANNEXURE E.

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IN CMP NO. 89/2026

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BETWEEN:

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M/S KMV PROJECTS LIMITED REGISTERED OFFICE AT 12A,

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NC: 2026:KHC:26945 CMP No. 87 of 2026 C/W CMP No. 89 of 2026 CMP No. 90 of 2026

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3 -

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HC-KAR

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12TH FLOOR, D.NO. 2-91/5, TRENDSET JAYABHERI CONNECT, KOTHAGUDA X ROAD, KONDAPUR, HYDERABAD - 500084, TELANGANA.

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REGIONAL OFFICE AT NO.28, NAGAPPA STREET, NEHRU CIRCLE, (NEXT TO SESHADRIPURAM COLLEGE), SESHADRIPURAM, BENGALURU - 560020. REPRESENTED BY ITS VICE PRESIDENT, SRI TARANATH DASARI.

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...PETITIONER

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(BY SRI. G.B. SHARATH GOWDA., ADVOCATE) AND:

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KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY , OFFICE AT NO. MSB-1, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BENGALURU 560052 REPRESENTED BY ITS EXECUTIVE DIRECTOR

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...RESPONDENT

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(BY SRI. SHISHIRA AMARNATH, ADVOCATE)

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THIS CIVIL MISCELLANOUS PETITION IS FILED UNDER SECTION 11(5)(6) OF ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE DISPUTE BETWEEN THE PARTIES AND ALLOW THE SAID ARBITRATOR TO ENTER UPON THE REFERENCE AND

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NC: 2026:KHC:26945 CMP No. 87 of 2026 C/W CMP No. 89 of 2026 CMP No. 90 of 2026

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HC-KAR

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ADJUDICATE THE DISPTUE AND DIFFERENCE BETWEEN THE PARTIES ARISING OUT OF THE CONSTRUCTION AGREEMENT DATED 25.07.2019. THE ARBITRATION CLAUSE IS MENTIONED IN CLAUSE 4 OF THE CONDITIONS OF CONTRACT IN ANNEXURE - E.

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IN CMP NO. 90/2026

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BETWEEN:

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M/S KMV PROJECTS LIMITED REGISTERED OFFICE AT 12A 12TH FLOOR D NO. 2-91/5 TRENDSET JAYABHERI C ONNCET KOTHAGUDA X ROAD KONDAPUR HYDERABAD -500084 TELANGANA

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REGIONAL OFFICE AT NO. 28 NAGAPPA STREET NEHRU CIRCLE (NEXT TO SESHADRIPURAM COLLEGE) SESHADRIPURAM BENGALURU -560020

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REP BY ITS VICE PRESIDENT SRI TARANATH DASARI

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...PETITIONER

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(BY SRI. G.B. SHARATH GOWDA., ADVOCATE)

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AND:

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KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY OFFICE AT NO. MSB -1, 6TH AND 7TH FLOOR CUNNINGHAM ROAD

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NC: 2026:KHC:26945 CMP No. 87 of 2026 C/W CMP No. 89 of 2026 CMP No. 90 of 2026

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HC-KAR

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BENGALURU -560052 REP BY ITS EXEUCTIVE DIRECTOR

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...RESPONDENT

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(BY SRI. SHISHIRA AMARNATH.,ADVOCATE)

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THIS CIVIL MISCELLANOUS PETITION IS FILED UNDER SECTION 11(5)(6) OF ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE DISPUTE BETWEEN THE PARTIES AND ALLOW THE SAID ARBITRATOR TO ENTER UPON THE REFERENCE AND ADJUDICATE THE DISPTUE AND DIFFERENCE BETWEEN THE PARTIES ARISING OUT OF THE CONSTRUCTION AGREEMENT DATED 03.07.2020. THE ARBITRATION CLAUSE IS MENTIONED IN CLAUSE 4 OF THE CONDITIONS OF CONTRACT IN ANNEXURE - E.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioner, after conclusion of three separate agreements, has executed construction of certain facilities for the respondent. The agreements have uniform Clauses for arbitration, and the

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NC: 2026:KHC:26945 CMP No. 87 of 2026 C/W CMP No. 89 of 2026 CMP No. 90 of 2026

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HC-KAR

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arbitration must be at t he Arbitration and Conciliation Centre (Domestic and International), Bengalur u. The petitioner asserts that the respondent has to settle monetary claims under the three agreements. There is no dispute about the existence of the arbitral agreement or the arbitral nature of the dispute.

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In fact, both Mr. G. B. Sharath Gowda, the learned counsel for the petitioner, and Mr. Shishira Amarnath, the learned counsel for the respondent, state that a former Judge of this Court can be appointed as the sole arbitrator to enter reference of the dispute at t he Arbitration and Conciliation Centre (Domestic and International), Bengaluru leaving open all questions to be considered in such arbitral proceedings. In the light of the afore, the following:

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ORDER

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[a] The petitions are allowed.

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NC: 2026:KHC:26945 CMP No. 87 of 2026 C/W CMP No. 89 of 2026 CMP No. 90 of 2026

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HC-KAR

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[b] Hon'ble Sri. Justice John Michael Cunha, a former Judge of this Court, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. All questions are left open for due consideration.

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[c] The Registry is directed to communicate this order [by e-mail ] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Hon'ble Sri. Justice John Michael Cunha, a former Judge of this Court, Address: No.80, 5^th Main, A.Gs Colony, Anandanagar, Hebbal Village,

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8 - NC: 2026:KHC:26945 CMP No. 87 of 2026 C/W CMP No. 89 of 2026 CMP No. 90 of 2026

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HC-KAR

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Bengaluru-560024 [ e-mail id: [email protected] ] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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Sd/(B M SHYAM PRASAD) JUDGE

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RB

M/S Kmv Projects Limited v. Karnataka Residential Educational Institutions Society

Case brief

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M/S Kmv Projects Limited v. Karnataka Residential Educational Institutions Society

Case brief

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