- (1.) Leave granted in SLP (C) Nos. 16117 of 2004, 17147 of 2004, 24655 of 2004, 26073 of 2004, 5951 of 2006, 12552 of 2006, 12553 of 2006, 8597 of 2009, 28087-28088 of 2011, 28089 of 2011, 29227-29330 of 2011, 31975 of 2011 and 13528 of 2012.
(2.) Of the above noted 23 appeals, 17 have been filed by those who had been awarded contracts by the Government of Karnataka and/or its agencies/instrumentalities for execution of the particular project/works. They have challenged the orders passed by the Designated Judge/Division Benches of the Karnataka High Court rejecting their prayer for appointment of Arbitrator in terms of the clauses relating to settlement of disputes. One appeal has been filed by the contractor who was awarded construction contract by Nagarika Yogbakashema Mathu Gruha Nirmana Sahakara Sangha. The remaining 5 appeals have been filed by Karnataka Neeravari Nigam Limited and Kirshna Bhagya Jala Nigam Limited for setting aside the orders passed by the learned Designated Judge whereby he directed the concerned Chief Engineer to act as an Arbitrator.
(3.) For the sake of convenience, we shall notice the facts from the record of Civil Appeal No.1586 of 2004 - M/s. P. Dasaratharama Reddy Complex v. The Government of Karnataka and another because arguments were advanced with reference to that case.;