M/S PJB ENGINEERS PVT LTD vs UNION OF INDIA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57450
CMP No. 181 of 2026
C/W CMP No. 182 of 2026
CMP No. 183 of 2026
CNR: KAHC010276102026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
CIVIL MISC. PETITION NO. 181 OF 2026
C/W
CIVIL MISC. PETITION NO. 182 OF 2026
CIVIL MISC. PETITION NO. 183 OF 2026
IN CMP NO. 181/2026
BETWEEN:
M/S PJB ENGINEERS PVT LTD
REP. BY ITS DIRECTOR
MR. PAUL VARGHESE
AGED ABOUT 58 YEARS
RD
PJB GREEN WAY, NO.11, 3 FLOOR
ASHLEY PARK, M.G. ROAD, BANGALORE -01.
…PETITIONER
(BY SRI. HARISCHANDRA REDDY P., ADVOCATE)
AND:
1. UNION OF INDIA
REP. BY THE CHIEF ADMINISTRATIVE OFFICER
(CONSTRUCTION), SOUTH WESTERN RAILWAY
BANGALORE CANTONMENT
BANGALORE -560 046.
2. THE GENERAL MANAGER
3RD FLOOR, EAST WING
SOUTH WESTERN RAILWAY
GADAG ROAD, HUBLI-580 020
…RESPONDENTS
(BY SRI. K ARVIND KAMATH, ASG ALONG WITH
SRI. VINAY V., CGSPC)
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
- 2 -
HC-KAR
NC: 2026:KHC:57450
CMP No. 181 of 2026
C/W CMP No. 182 of 2026
CMP No. 183 of 2026
CNR: KAHC010276102026
THIS CMP IS FILED UNDER SECTION 11(6) (C) & (8)
READ WITH SECTION 12(5) OF THE OF ARBITRATION AND
CONCILIATION ACT 1996, PRAYING TO PASS AN APPROPRIATE
ORDER FOR APPOINTMENT OF INDEPENDENT AND IMPARTIAL
ARBITRATOR/ARBITRATORS AS PER THE PETITIONER
REQUESTS UNDER THE PROVISIONS OF SEC.11(6) SUB-
SECTION (A) AND (C) OF THE ARBITRATION AND
CONCILIATION (AMENDMENT) ACT, 2019 TO ADJUDICATE THE
DISPUTES/CLAIMS BETWEEN THE PARTIES FOR THE WORK OF
CONSTRUCTION OF RUB, SUBWAY, PLATFORM WORK, DRAIN,
PF SHELTER, COMPOUND WALL, RETAINING WALL, EARTH
WORK IN FORMATION, TRACK LINKING WORK, FOB IN
BANGALORE CANTONMENT YARD UCC CODE -74600
AGREEMENT NUMBER CAO/CN/BNC-74660/A210/VIII/2020
DATED 19.03.2020 (ANNEXURE - A) AND ETC.
IN CMP NO. 182/2026
BETWEEN:
M/S PJB ENGINEERS PVT LTD
REP. BY ITS DIRECTOR
MR. PAUL VARGHESE
AGED ABOUT 58 YEARS
RD
PJB GREEN WAY,#11, 3 FLOOR
ASHLEY PARK, M.G. ROAD, BANGALORE -01.
…PETITIONER
(BY SRI. HARISCHANDRA REDDY P., ADVOCATE)
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
- 3 -
HC-KAR
NC: 2026:KHC:57450
CMP No. 181 of 2026
C/W CMP No. 182 of 2026
CMP No. 183 of 2026
CNR: KAHC010276102026
AND:
1. UNION OF INDIA
REP. BY THE CHIEF ENGINEER/WEST/
CONSTRUCTION, SOUTH WESTERN RAILWAY
18 MILLERS ROAD, BANGALORE -560 046.
2. THE GENERAL MANAGER
3RD FLOOR, EAST WING
SOUTH WESTERN RAILWAY
GADAG ROAD, HUBLI-580 020
…RESPONDENTS
(BY SRI. K ARVIND KAMATH, ASG ALONG WITH
SRI. VINAY V., CGSPC)
THIS CMP IS FILED UNDER SECTION 11(6) (C) & (8)
READ WITH SECTION 12(5) OF THE OF ARBITRATION AND
CONCILIATION ACT 1996, PRAYING TO PASS AN APPROPRIATE
ORDER FOR APPOINTMENT OF INDEPENDENT AND IMPARTIAL
ARBITRATOR/ARBITRATORS AS PER THE PETITIONER
REQUESTS UNDER THE PROVISIONS OF SEC.11(6) SUB-
SECTION (A) AND (C) OF THE ARBITRATION AND
CONCILIATION (AMENDMENT) ACT, 2019 TO ADJUDICATE THE
DISPUTES/CLAIMS BETWEEN THE PARTIES FOR THE WORK OF
“BANGALOE CANTONMENT WHITE FILED WORK IN
EMBANKMENT BETWEEN KRISHNARAJAPURAM TO WHITEFIELD
FROM KM NO.343/100 TO 332/600 (REACH-2) UCC CODE-
74566 “ AGREEMENT NO. CAO/CN/BNC/74566/A/149/X/2019
DATED:25.10.2029 VIDE ANNEXURE-A AND ETC.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
- 4 -
HC-KAR
NC: 2026:KHC:57450
CMP No. 181 of 2026
C/W CMP No. 182 of 2026
CMP No. 183 of 2026
CNR: KAHC010276102026
IN CMP NO. 183/2026
BETWEEN:
M/S PJB ENGINEERS PVT LTD
REP. BY ITS DIRECTOR
MR. PAUL VARGHESE
AGED ABOUT 58 YEARS
RD
PJB GREEN WAY,#11, 3 FLOOR
ASHLEY PARK, M.G. ROAD,
BANGALORE -01.
…PETITIONER
(BY SRI. HARISCHANDRA REDDY P., ADVOCATE)
AND:
1. UNION OF INDIA
REP. BY THE CHIEF ENGINEER/WEST/
(CONSTRUCTION), SOUTH WESTERN RAILWAY
18 MILLERS ROAD,
BANGALORE -560 046.
2. THE GENERAL MANAGER
3RD FLOOR, EAST WING
SOUTH WESTERN RAILWAY
GADAG ROAD,
HUBLI-580 020
…RESPONDENTS
(BY SRI. K ARVIND KAMATH, ASG ALONG WITH
SRI. VINAY V., CGSPC)
THIS CMP IS FILED UNDER SECTION 11(6) (C) & (8)
READ WITH SECTION 12(5) OF THE OF ARBITRATION AND
CONCILIATION ACT 1996, PRAYING TO PASS AN APPROPRIATE
ORDER FOR APPOINTMENT OF INDEPENDENT AND IMPARTIAL
ARBITRATOR/ARBITRATORS AS PER THE PETITIONER
REQUESTS UNDER THE PROVISIONS OF SEC.11(6) SUB-
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
- 5 -
HC-KAR
NC: 2026:KHC:57450
CMP No. 181 of 2026
C/W CMP No. 182 of 2026
CMP No. 183 of 2026
CNR: KAHC010276102026
SECTION (A) AND (C) OF THE ARBITRATION AND
CONCILIATION (AMENDMENT) ACT, 2019 TO ADJUDICATE THE
DISPUTES/CLAIMS BETWEEN THE PARTIES FOR THE WORK OF
AGREEMENT NO. CAO/CN/BNC/74566/A/150/X/2019
DATED:25.10.2019 VIDE ANNEXURE-A AND ETC.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. These petitions are filed under Section 11(6) of the
Arbitration and Conciliation Act, 1996 (for short, “the
Act”), seeking appointment of a sole Arbitrator for
adjudication of the disputes that have arisen between the
parties under the Agreement for Works dated 19.03.2020
(in CMP No.181/2026) and Agreement for Works dated
25.10.2019 (in CMP No.182/2026 and CMP No.183/2026)
particularly in terms of arbitration clauses thereof,
produced at Annexure-A.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
- 6 -
HC-KAR
NC: 2026:KHC:57450
CMP No. 181 of 2026
C/W CMP No. 182 of 2026
CMP No. 183 of 2026
CNR: KAHC010276102026
2. The brief facts of the case:-
In CMP No.181/2026: The petitioner is a company
engaged in work of construction. The respondents had
invited tender for the work of ‘Construction of RUB
subway, platform work, drain, pf shelter, compound wall,
retaining wall, earth work in formation, track linking work,
FOB in BNC yard’. Since the petitioner was the successful
lowest bidder, the tender was issued to the petitioner and
accordingly, an Agreement for Works dated 19.03.2020
(Annexure-A) was entered into between the petitioner and
respondents. Subsequently, disputes arose between the
parties in relation to the said Agreement.
In CMP No.182/2026 and CMP No.183/2026: The
petitioner is a company engaged in work of construction.
The respondents had invited tender for the work of
Bangalore Cantonment - Whitefield - Earthwork in
embankment and widening of cutting, extension of
existing RUBs/LCs, construction of minor Bridges, side
drains, toe wall/retaining wall, LC road approaches and
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
- 7 -
HC-KAR
NC: 2026:KHC:57450
CMP No. 181 of 2026
C/W CMP No. 182 of 2026
CMP No. 183 of 2026
CNR: KAHC010276102026
other connected works between Krishnarajapuram
Whitefiled stations from KM.343/100 to 332/660-REACH-2
(TWO PACKET SYSTEM) and KM 351/600 to 343/100
REACH-1 respectively. Since the petitioner was the
successful lowest bidder, the tender was issued to the
petitioner and accordingly, two respective Agreements for
Works dated 25.10.2019 (Annexure-A) were entered into
between the petitioner and respondents. Subsequently,
disputes arose between the parties in relation to the said
Agreements.
3. As the disputes arose between the parties, the
petitioner, invoking the respective arbitration clauses of
the Agreements, which refers to paragraphs 63 and 64 of
the Indian Railways Standard General Conditions of
Contract, 2022, issued series of notices to the respondents
seeking reference of disputes to Arbitrator. Upon
respondents’ reply refusing the same, the petitioner issued
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
- 8 -
HC-KAR
NC: 2026:KHC:57450
CMP No. 181 of 2026
C/W CMP No. 182 of 2026
CMP No. 183 of 2026
CNR: KAHC010276102026
a final notice dated 16.02.2026, to the respondents under
Section 21 of the Act.
4. Despite service of the said notice under Section 21 of
the Act, the respondents did not furnish any response.
Hence, the present petitions are filed seeking appointment
of a sole Arbitrator.
5. The learned Additional Solicitor General appearing for
the respondents submits that respondents have no
objection to the appointment of a sole Arbitrator for all the
three cases. However, he seeks that all the contentions of
the parties be kept open to be urged before the learned
Arbitrator.
6. Having regard to the existence of the arbitration
clause contained in the Agreements, which provides for
resolution of disputes arising between the parties, and the
fact that the petitioner has duly invoked the said
arbitration clause by issuing notices under Section 21 of
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
- 9 -
HC-KAR
NC: 2026:KHC:57450
CMP No. 181 of 2026
C/W CMP No. 182 of 2026
CMP No. 183 of 2026
CNR: KAHC010276102026
the Act, this Court is of the opinion that a Sole Arbitrator is
required to be appointed for adjudication of the disputes
between the parties.
7. Accordingly, the following:
ORDER
a) Civil Miscellaneous Petitions are allowed .
b) Hon’ble Mr.Justice A.V.Chandrashekar, Former
Judge, High Court of Karnataka, is appointed as
the Sole Arbitrator in the present cases to
arbitrate the disputes between the parties at
the Arbitration and Conciliation Centre
(Domestic & International), Bengaluru, as per
the Rules governing the said Arbitration Centre.
c) All the claims and contentions of the parties are
left open.
d) Registry is directed to communicate this order
via e-mail to the Arbitration and Conciliation
Centre (Domestic & International), Khanija
Bhavan, Bengaluru, and also to Hon’ble
Mr.Justice A.V.Chandrashekar .
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
- 10 -
HC-KAR
NC: 2026:KHC:57450
CMP No. 181 of 2026
C/W CMP No. 182 of 2026
CMP No. 183 of 2026
CNR: KAHC010276102026
e) Registry is directed to return all the original
documents produced by any of the parties after
obtaining Photostat copies of the same.
f) Parties are directed to appear before the
Director, Arbitration and Conciliation Centre,
Bengaluru, on 23.11.2026 at 11:30 a.m.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
(H.T. NARENDRA PRASAD)
JUDGE
DM
LIST NO.: 1 SL NO.: 7