Sumanth Reddy vs Jaganmayi Builders And ...
2022 Latest Caselaw 10150 Kant

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 01ST DAY OF JULY, 2022

                         PRESENT

           THE HON'BLE MR. JUSTICE G.NARENDAR

                           AND

            THE HON'BLE MR. JUSTICE P.N.DESAI

       MISCELLANEOUS FIRST APPEAL NO.4631/2022

BETWEEN:

1.   SUMANTH REDDY
     S/O MR KUMARASWAMY REDDY,
     AGED ABOUT 44 YEARS,
     HAVING HIS ADDRESS AT

2.   SREENADHA REDDY
     S/O MR. JANARDHANA REDDY,
     AGED ABOUT 44 YEARS,
     HAVING HIS ADDRESS AT

3.   RR PLATINA
     A PARTNERSHIP FIRM,
     HAVING THEIR ADDRESS
     OF APPELLANT NO.3
     KAY KAY TOWERS,
     NO.18, 17TH CROSS,
     SECTOR 7, HSR LAYOUT,
     BENGALURU-560102
     REPRESENTED BY ITS PARTNER,
     MR SREENADHA REDDY
                                            ... APPELLANTS

(BY SRI SIDDHARTH H.M, ADV.)
                              2


AND:

1.     JAGANMAYI BUILDERS AND
       DEVELOPERS PVT LTD
       A COMPANY INCORPORATED
       UNDER THE COMPANIES ACT, 2013,
       HAVING ITS REGISTERED OFFICE AT
       SALARPURIA WINDSOR,
       NO.3, 4TH FLOOR, ULSOOR ROAD,
       BENGALURU-560042
       REPRESENTED BY ITS
       AUTHORISED SIGNATORY,
       ASHWIN SANCHETI

2.     NEELANCHAL HAPPY GRIHA LLP
       NO.2, A LIMITED LIABILITY PARTNERSHIP
       HAVING ITS REGISTERED OFFICE AT
       SALARPURIA WINDSOR,
       NO.3, 4TH FLOOR, ULSOOR ROAD,
       BENGALURU-560042
       REPRESENTED BY ITS
       AUTHORISED SIGNATORY,
       ASHWIN SANCHETI

3.     JAGANMAYI CONSTRUCTIONS PVT LTD
       A COMPANY INCORPORATED UNDER
       THE COMPANIES ACT, 2013
       HAVING ITS REGISTERED OFFICE AT
       SALARPURIA WINDSOR,
       NO.3, 4TH FLOOR, ULSOOR ROAD,
       BENGALURU-560042
       REPRESENTED BY ITS
       AUTHORISED SIGNATORY
       ASHWIN SANCHETI.
                                           ... RESPONDENTS

(BY SRI ARUN PRADESH, ADV. FOR C/R'S 1 TO 3.)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1)(b) OF THE ARBITRATION AND CONCILIATION
ACT, PRAYING TO SET ASIDE THE ORDER DATED 15.03.2022
PASSED BY THE VIII ADDITIONAL DISTRICT AND SESSIONS
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JUDGE, BENGALURU, ON I.A.NOs. 1 AND 2 AND THE ORDER
DATED 23.06.2022 IN A.A. NO.2/2022, PENDING ON THE FILE
OF THE COURT OF THE VIII ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BENGALURU RURAL, BENGALURU.


     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
"ADMISSION" THIS DAY, G.NARENDAR J, DELIVERED THE
FOLLOWING:


                         JUDGMENT

Memo is filed into Court by the appellants counsel and

under the memo, leave of the Court is prayed to withdraw

the appeal with liberty to challenge the impugned order in

an appropriate proceedings in accordance with law.

2. The learned counsel for the

Caveators/respondents is also served and is present and he

submit that he has no objection for the same. In that view

of the matter, the submission of the learned counsel is

placed on record.

3. Appeal is dismissed as withdrawn reserving

liberty as prayed for.

In view of disposal of the appeal, I.A. 1/2022 does not

survive for consideration and is accordingly disposed off.

Sd/-

JUDGE

Sd/-

JUDGE Chs CT-HR