The Executive Engineer Vs M/S Associated Constructions

M/S. ASSOCIATED CONSTRUCTIONS CIVIL ENGINEERS AND CONTRACTORS NO.22, GROUND FLOOR, 5^TH CROSS HANUMANTHAIAH LAYOUT NEAR S.R.K. INDIAN SCHOOL KODIGEHALLI SAHAKARANAGARA POST BENGALURU-560 092 REP. BY ITS PARTNERS MR. ASHFAQ AHMED AND MR. K. MUNIKRISHNA

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NC: 2026:KHC:17210 WP No. 4382 of 2022 C/W WP No. 4271 of 2022 WP No. 4387 of 2022 AND 1 OTHER

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HC-KAR

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SRI M.V.S. RAO SOLE ARBITRATOR NO.282, ARAKERE GATE LAKSHMI LAYOUT 7^TH CROSS, 2^ND MAIN ROAD BANNERGHATTA ROAD BENGALURU-560 076

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…RESPONDENTS

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(BY SRI ASHOK HARANAHALLI, SR. COUNSEL FOR SRI VARUN GOWDA, ADVOCATE FOR R-1; SRI K. VIJAYA KUMAR, ADVOCATE FOR R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND QUASH/SET ASIDE THE ORDER DATED 21.01.2022 PASSED IN COM.A.S.NO.12/2017 BY THE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE COMMERCIAL COURT), BENGALURU CITY (CCH-89) PRODUCED AT ANNEXURE-F AND ETC.

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IN WP NO.4271/2022

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BETWEEN:

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THE EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD DIVISION OFFICE BENGALURU (U) DIVISION BENGALURU-560 001

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...PETITIONER

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(BY SRI BASAVARAJ V. SABARAD, SR. COUNSEL FOR SRI H. L. PRADEEP KUMAR, ADVOCATE)

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AND:

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M/S. ANCHOR LINES (P) LTD. CIVIL ENGINEERS AND CONTRACTORS KERALA SAMAJAM COMPLEX K. S. RAO ROAD

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NC: 2026:KHC:17210 WP No. 4382 of 2022 C/W WP No. 4271 of 2022 WP No. 4387 of 2022 AND 1 OTHER

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HC-KAR

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MANGALORE-575 001 REPT. BY MANAGING DIRECTOR

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SRI M.V.S. RAO SOLE ARBITRATOR NO.282, ARAKERE GATE, LAKSHMI LAYOUT 7^TH CROSS, 2^ND MAIN ROAD BANNERGHATTA ROAD BENGALURU-560 076

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...RESPONDENTS

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(BY SRI UDAYA PRAKASH MULIYA, ADVOCATE FOR R-1; R-2 IS SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND QUASH/SET ASIDE THE ORDER DATED 21.01.2022 PASSED IN COM.A.S.NO.8/2017 BY THE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE COMMERCIAL COURT), BENGALURU CITY (CCH-89) PRODUCED AT ANNEXURE-F AND ETC.

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IN WP NO.4387/2022

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BETWEEN:

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THE EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD MYSURU DIVISION MYSURU-570 001

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...PETITIONER

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(BY SRI BASAVARAJ V. SABARAD, SR. COUNSEL FOR SRI H. L. PRADEEP KUMAR, ADVOCATE)

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AND:

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M/S. ANCHOR LINES (P) LTD. CIVIL ENGINEERS AND CONTRACTORS KERALA SAMAJAM COMPLEX K. S. RAO ROAD MANGALORE-575 001

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NC: 2026:KHC:17210 WP No. 4382 of 2022 C/W WP No. 4271 of 2022 WP No. 4387 of 2022 AND 1 OTHER

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HC-KAR

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REPT. BY MANAGING DIRECTOR

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SRI M.V.S. RAO SOLE ARBITRATOR NO.282, ARAKERE GATE, LAKSHMI LAYOUT 7^TH CROSS, 2^ND MAIN ROAD BANNERGHATTA ROAD BENGALURU-560 076

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...RESPONDENTS

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(BY SRI UDAYA PRAKASH MULIYA, ADVOCATE FOR R-1; R-2 IS SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND QUASH/SET ASIDE THE ORDER DATED 21.01.2022 PASSED IN COM.A.S.NO.7/2017 BY THE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE COMMERCIAL COURT), BENGALURU CITY (CCH-89) PRODUCED AT ANNEXURE-F AND ETC.

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IN WP NO.4540/2022

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BETWEEN:

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THE EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD DIVISION OFFICE

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KALABURAGI (GULBARGA)-585 101

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...petitioner

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(BY SRI BASAVARAJ V. SABARAD, SR. COUNSEL FOR SRI H. L. PRADEEP KUMAR, ADVOCATE)

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AND:

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M/S. ASSOCIATED CONSTRUCTIONS CIVIL ENGINEERS AND CONTRACTORS NO.22, GROUND FLOOR, 5^TH CROSS HANUMANTHAIAH LAYOUT

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NC: 2026:KHC:17210 WP No. 4382 of 2022 C/W WP No. 4271 of 2022 WP No. 4387 of 2022 AND 1 OTHER

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HC-KAR

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NEAR S.R.K. INDIAN SCHOOL KODIGEHALLI SAHAKARANAGARA POST BENGALURU-560 092 REP. BY ITS PARTNERS

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MR. ASHFAQ AHMED AND MR. K. MUNIKRISHNA

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SRI M.V.S. RAO SOLE ARBITRATOR NO.282, ARAKERE GATE, LAKSHMI LAYOUT 7^TH CROSS, 2^ND MAIN ROAD BANNERGHATTA ROAD BENGALURU-560 076

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...RESPONDENTS

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(BY SRI ASHOK HARANAHALLI, SR. COUNSEL FOR SRI VARUN GOWDA, ADVOCATE FOR R-1; SRI K. VIJAYA KUMAR, ADVOCATE FOR R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND QUASH/SET ASIDE THE ORDER DATED 21.01.2022 PASSED IN COM.A.S.NO.13/2017 BY THE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE COMMERCIAL COURT), BENGALURU CITY (CCH-89) PRODUCED AT ANNEXURE-F.

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

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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6 - NC: 2026:KHC:17210 WP No. 4382 of 2022 C/W WP No. 4271 of 2022 WP No. 4387 of 2022 HC-KAR AND 1 OTHER

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ORAL ORDER

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Heard learned Senior counsel appearing for the petitioners and

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learned counsel for the respondents

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These writ petitions arise out of an order dated 21.02.2022, passed in Com.A.S.Nos.07/2017, 08/2017, 12/2017 and 13/2017, pending consideration on the file of LXXXVIII Additional City Civil and Sessions Judge (Exclusive Commercial Court), Bengaluru City (hereinafter referred to as 'the Commercial Court'). In and by which, the Commercial Court while accepting the affidavit filed by arbitrator-defendant No.2 had directed the parties to produce the documents, which were in their possession and to address the arguments by the next date of hearing.

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The aforesaid commercial suits have been filed by the petitioners herein being aggrieved by the arbitral award passed by the arbitrator-defendant No.2. It appears after passing of the award the issue came up with regard to handing over of the arbitration files/records. According to arbitrator-defendant No.2, the entire records were purportedly handed over to one Uday Kumar, who was working as an employee of the Karnataka Housing Board. In this regard, an affidavit came to be filed by arbitrator-defendant No.2 regarding he having handed over the records pertaining to arbitral proceedings to said Uday Kumar. Which fact has been denied by the

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NC: 2026:KHC:17210 WP No. 4382 of 2022 C/W WP No. 4271 of 2022 WP No. 4387 of 2022 AND 1 OTHER

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HC-KAR

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petitioners herein. Even said Uday Kumar has also filed an affidavit denying receipt of the records.

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It is submitted across the Bar that the arbitrator-defendant No.2 passed away on 30.01.2026. However, the Commercial Court accepting the affidavit filed by arbitrator-defendant No.2 and also in view of the fact that the records would be available with the petitioners herein, had directed the parties to file the available records and to proceed the matter.

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That during the hearing of these petitions, upon the suggestion made, the parties have exchanged the records which according to them form part of the proceedings of the arbitration. However, they also submit that some of the records are not available.

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Learned Senior counsel appearing for the parties on instructions submit that liberty may also be reserved to the parties to produce further documents as and when available with the direction to the Commercial Court to take on record and the same would serve the purpose.

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In view of the above facts and circumstances and in the light of the fact that the parties have now exchanged the records,

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8 - NC: 2026:KHC:17210 WP No. 4382 of 2022 C/W WP No. 4271 of 2022 WP No. 4387 of 2022 HC-KAR AND 1 OTHER

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they shall submit the same before the Commercial Court, who shall proceed with the matter in accordance with law.

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It is made clear should the parties come across further documents which form part of the arbitral proceedings, with the consent, the same shall be taken on record and opportunity in this regard shall also be provided.

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It is submitted that the next hearing date of the proceedings is scheduled on 04.04.2026, the Commercial Court shall permit the parties to submit the records and thereafter take up the matter for final disposal and dispose of the matter in accordance to law.

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In view of the peculiar facts and circumstances of the matter the interim order staying enforcement of the award which was earlier granted shall stand extended until disposal of the arbitral proceedings.

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With the above observation, writ petitions are disposed

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of .

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Sd/(M.G.S. KAMAL) JUDGE

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List No.: 1 Sl No.: 26

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RL

The Executive Engineer v. M/S Associated Constructions

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The Executive Engineer v. M/S Associated Constructions

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