M/S Populace Infra Construction Pvt, Ltd., v. M/S Pashmna Developers
Arbitration and Conciliation Act, 1996 – S.11(6)(a) – appointment of sole arbitrator
Case brief
What is this about?
Keywords: Section 11(6)(a) Arbitration and Conciliation Act 1996; appointment of sole arbitrator; arbitration clause 15.1; Annexure-B contract agreement; dismissal for non-prosecution; petitioner absent; non-compliance with cost direction; Rs.2,000 Bengaluru Professional Benevolent Fund; Populace Infra Construction Pvt. Ltd. v. Pashmina Developers and Lilly Reality Pvt. Ltd.; CMP No.93 of 2023; High Court of Karnataka, 23.03.2026; Justice E.S. Indiresh. Useful for: consequences of persistent non-appearance and failure to comply with conditional steps/costs orders in Section 11 petitions.
What did the court decide?
The petitioner neither appeared despite repeated listings nor complied with the order dated 20.02.2026 (payment of Rs.2,000 cost); the Court found the petitioner diligently not pursuing the matter and dismissed the Civil Miscellaneous Petition for non-prosecution. The question of appointment of the sole arbitrator was not adjudicated on merits.