[Cites 2, Cited by 0]
Karnataka High Court
The Executive Engineer vs M/S Associated Constructions on 26 March, 2026
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
-1-
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
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO.4382 OF 2022 (GM-RES)
C/W
WRIT PETITION NO.4271 OF 2022 (GM-RES)
WRIT PETITION NO.4387 OF 2022 (GM-RES)
WRIT PETITION NO.4540 OF 2022 (GM-RES)
IN WP NO.4382/2022
BETWEEN:
THE EXECUTIVE ENGINEER
KARNATAKA HOUSING BOARD
DISTRICT CO-ORDINATION OFFICE
BELLARY-583 101
...PETITIONER
Digitally (BY SRI BASAVARAJ V. SABARAD, SR. COUNSEL FOR
signed by SRI H. L. PRADEEP KUMAR, ADVOCATE)
SUMA B N
Location:
HIGH AND:
COURT OF
KARNATAKA 1. M/S. ASSOCIATED CONSTRUCTIONS
CIVIL ENGINEERS AND CONTRACTORS
NO.22, GROUND FLOOR, 5TH 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
-2-
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
2. SRI M.V.S. RAO
SOLE ARBITRATOR
NO.282, ARAKERE GATE
LAKSHMI LAYOUT
7TH CROSS, 2ND MAIN ROAD
BANNERGHATTA ROAD
BENGALURU-560 076
...RESPONDENTS
(BY SRI ASHOK HARANAHALLI, SR. COUNSEL FOR
SRI VARUN GOWDA, ADVOCATE FOR R-1;
SRI K. VIJAYA KUMAR, ADVOCATE FOR R-2)
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.
IN WP NO.4271/2022
BETWEEN:
THE EXECUTIVE ENGINEER
KARNATAKA HOUSING BOARD
DIVISION OFFICE
BENGALURU (U) DIVISION
BENGALURU-560 001
...PETITIONER
(BY SRI BASAVARAJ V. SABARAD, SR. COUNSEL FOR
SRI H. L. PRADEEP KUMAR, ADVOCATE)
AND:
1. M/S. ANCHOR LINES (P) LTD.
CIVIL ENGINEERS AND CONTRACTORS
KERALA SAMAJAM COMPLEX
K. S. RAO ROAD
-3-
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
MANGALORE-575 001
REPT. BY MANAGING DIRECTOR
2. SRI M.V.S. RAO
SOLE ARBITRATOR
NO.282, ARAKERE GATE, LAKSHMI LAYOUT
7TH CROSS, 2ND MAIN ROAD
BANNERGHATTA ROAD
BENGALURU-560 076
...RESPONDENTS
(BY SRI UDAYA PRAKASH MULIYA, ADVOCATE FOR R-1;
R-2 IS SERVED)
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.
IN WP NO.4387/2022
BETWEEN:
THE EXECUTIVE ENGINEER
KARNATAKA HOUSING BOARD
MYSURU DIVISION
MYSURU-570 001
...PETITIONER
(BY SRI BASAVARAJ V. SABARAD, SR. COUNSEL FOR
SRI H. L. PRADEEP KUMAR, ADVOCATE)
AND:
1. M/S. ANCHOR LINES (P) LTD.
CIVIL ENGINEERS AND CONTRACTORS
KERALA SAMAJAM COMPLEX
K. S. RAO ROAD
MANGALORE-575 001
-4-
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
REPT. BY MANAGING DIRECTOR
2. SRI M.V.S. RAO
SOLE ARBITRATOR
NO.282, ARAKERE GATE, LAKSHMI LAYOUT
7TH CROSS, 2ND MAIN ROAD
BANNERGHATTA ROAD
BENGALURU-560 076
...RESPONDENTS
(BY SRI UDAYA PRAKASH MULIYA, ADVOCATE FOR R-1;
R-2 IS SERVED)
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.
IN WP NO.4540/2022
BETWEEN:
THE EXECUTIVE ENGINEER
KARNATAKA HOUSING BOARD
DIVISION OFFICE
KALABURAGI (GULBARGA)-585 101
...petitioner
(BY SRI BASAVARAJ V. SABARAD, SR. COUNSEL FOR
SRI H. L. PRADEEP KUMAR, ADVOCATE)
AND:
1. M/S. ASSOCIATED CONSTRUCTIONS
CIVIL ENGINEERS AND CONTRACTORS
NO.22, GROUND FLOOR, 5TH CROSS
HANUMANTHAIAH LAYOUT
-5-
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
NEAR S.R.K. INDIAN SCHOOL
KODIGEHALLI
SAHAKARANAGARA POST
BENGALURU-560 092
REP. BY ITS PARTNERS
MR. ASHFAQ AHMED AND MR. K. MUNIKRISHNA
2. SRI M.V.S. RAO
SOLE ARBITRATOR
NO.282, ARAKERE GATE, LAKSHMI LAYOUT
7TH CROSS, 2ND MAIN ROAD
BANNERGHATTA ROAD
BENGALURU-560 076
...RESPONDENTS
(BY SRI ASHOK HARANAHALLI, SR. COUNSEL FOR
SRI VARUN GOWDA, ADVOCATE FOR R-1;
SRI K. VIJAYA KUMAR, ADVOCATE FOR R-2)
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.
THESE PETITIONS, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
-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
ORAL ORDER
Heard learned Senior counsel appearing for the petitioners and
learned counsel for the respondents
2. 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.
3. 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
NC: 2026:KHC:17210
HC-KAR AND 1 OTHER
petitioners herein. Even said Uday Kumar has also filed an affidavit
denying receipt of the records.
4. 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.
5. 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.
6. 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.
7. In view of the above facts and circumstances and in the
light of the fact that the parties have now exchanged the records,
NC: 2026:KHC:17210
HC-KAR AND 1 OTHER
they shall submit the same before the Commercial Court, who shall
proceed with the matter in accordance with law.
8. 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.
9. 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.
10. 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.
11. With the above observation, writ petitions are disposed
of.
Sd/-
(M.G.S. KAMAL)
JUDGE
RL
List No.: 1 Sl No.: 26
