Mr Abhayraj Shetty vs M/S Orange Self Storage Private Limited

Karnataka High Court

Mr Abhayraj Shetty vs M/S Orange Self Storage Private Limited on 28 June, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                             -1-
                                                         NC: 2024:KHC:24427
                                                      MFA No. 8065 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 28TH DAY OF JUNE, 2024

                                          BEFORE
                        THE HON'BLE MR JUSTICE RAVI V HOSMANI
                 MISCELLANEOUS FIRST APPEAL NO. 8065 OF 2023 (AA)
                BETWEEN:

                1.    MR. ABHAYRAJ SHETTY,
                      S/O LATE B. RAMANATH SHETTY,
                      AGED 52 YEARS,
                      R/AT "PRAKRUTI" RAGHUVANAHALLI VILLAGE,
                      UTTARAHALLI, BENGALURU SOUTH TALUK,
                      BENGALURU - 560 061.

                2.    MR. SANJAY SHETTY,
                      S/O LATE B. RAMANATH SHETTY,
                      AGED 45 YEARS,
                      R/AT "PRAKRUTI" RAGHUVANAHALLI VILLAGE,
                      UTTARAHALLI, BENGALURU SOUTH TALUK,
Digitally signed by
                      BENGALURU - 560 061.
GEETHAKUMARI                                               ...APPELLANTS
PARLATTAYA S
Location: High      (BY SRI. RAVINDRA PRASAD B., ADVOCATE)
Court of Karnataka
                AND:

                1.    M/S. ORANGE SELF STORAGE
                      PRIVATE LIMITED,
                      HAVING ITS REGISTERED OFFICE AT
                      NO.107, ANDREW BUILDING,
                      M G ROAD,
                      BENGALURU - 560 001.
                      REPRESENTED BY ITS DIRECTOR.
                               -2-
                                            NC: 2024:KHC:24427
                                          MFA No. 8065 of 2023




2.   MRS. JYOTHI,
     W/O LATE B. RAMANATH SHETTY,
     AGED 72 YEARS,
     R/AT "PRAKRUTI" RAGHUVANAHALLI VILLAGE,
     UTTARAHALLI, BENGALURU SOUTH TALUK,
     BENGALURU - 560 061.

3.   MRS. BHARATHI SHETTY,
     D/O LATE B. RAMANATH SHETTY,
     AGED 62 YEARS,
     R/AT FLAT NO.301,
     SALARPURIA ARISTOCRACY,
     NO.76, 14TH CROSS,
     BEHIND SIDOOR CONVENTION CENTER,
     JP NAGAR, 1ST PHASE,
     BENGALURU - 560 078.
                                               ...RESPONDENTS



      THIS MFA IS FILED UNDER SECTION 37(1)(C) OF THE
ARBITRATION AND CONCILIATION ACT, PRAYING TO SET
ASIDE THE ORDER DATED 15.11.2022 PASSED IN A.A.NO.
571/2022 ON THE FILE OF THE LXXXIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-82).

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for appellants has filed a memo seeking permission to withdraw appeal with liberty to file writ petition as present appeal would not be tenable. -3-

NC: 2024:KHC:24427 MFA No. 8065 of 2023 In view of memo, appeal is dismissed as withdrawn with liberty as sought for.

Sd/-

JUDGE MKM List No.: 1 Sl No.: 3