Karnataka High Court
B & B Infrastructure Ltd vs Smt. Munna Bai W/O Late K G ... on 8 March, 2022
Bench: S.Sujatha, Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MRS. JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
C.M.P. No. 1/2011
BETWEEN :
1. B & B INFRASTRUCTURE LTD.,
A COMPANY REGISTERED &
INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE AT
No.37, 4TH CROSS
AGA ABBAS ALI ROAD, ULSOOR,
BANGALORE - 560 042.
REPT. BY ITS MANAGING DIRECTORS
SRI. S K BHASKAR RAJU AND
DIRECTORS SMT. ANUPAMA B. RAJU.
2. SRI. S K BHASKAR RAJU
S/O LATE S K NARASA RAJU
3. SMT. ANUPAMA B RAJU
W/O S K BHASKAR RAJU
AGED ABOUT 41 YEARS.
BOTH ARE RESIDING AT No.37
-2-
4TH CROSS, AGA ABBAS ALI ROAD
ULSOOR, BANGALORE - 560 042.
...PETITIONERS
(BY SRI S M CHANDRASHEKAR, ADVOCATE - ABSENT)
AND:
1. SMT. MUNNA BAI
W/O LATE K G TULASIRAM
AGED ABOUT 78 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04
2. SMT. K V NAGARATHANA
W/O. K T VENKATAGIRI
AGED ABOUT 63 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04
3. SMT. K V SUNITHA
D/O. LATE K T VENKATAGIRI
AGED ABOUT 42 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04
4. SMT. K V REKHA
D/O. LATE K T VENKATAGIRI
AGED ABOUT 38 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04
5. SRI. K V NAGESH
S/O. LATE K T VENKATAGIRI
AGED ABOUT 32 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04
-3-
6. SRI. K T PRAKASH
S/O. LATE K G TULASIRAM
AGED ABOUT 58 YEARS
R/O. No.2, GROUND FLOOR
2ND BLOCK, 3RD STAGE
BASAVESHWARANAGAR
BANGALORE-79.
7. SMT. K P NIRMALA
W/O. K T PRAKASH
AGED ABOUT 57 YEARS
S/O. LATE K G TULASIRAM
R/O. No.2, GROUND FLOOR
2ND BLOCK, 3RD STAGE
BASAVESHWARANAGAR
BANGALORE-79
8. K P RAGHAVENDRA
S/O. K T PRAKASH
AGED ABOUT 34 YEARS
R/O. No.2, GROUND FLOOR
2ND BLOCK, 3RD STAGE
BASAVESHWARANAGAR
BANGALORE-79
9. K P SUMAN
D/O. K T PRAKASH
AGED ABOUT 32 YEARS
R/O. No.2, GROUND FLOOR
2ND BLOCK, 3RD STAGE
BASAVESHWARANAGAR
BANGALORE-79
10 . K P VISHNU
S/O. K T PRAKASH
AGED ABOUT 26 YEARS
R/O. No.2, GROUND FLOOR
2ND BLOCK, 3RD STAGE
BASAVESHWARANAGAR
-4-
BANGALORE-79
11 . K T GOPAL KRISHNA
S/O. LATE K G TULASIRAM
AGED ABOUT 57 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04
12 . K G SAROJA
W/O K T GOPAL KRISHNA
AGED ABOUT 53 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04
13 . K T GOVARDHAN
S/O LATE K.G. TULASIRAM
AGED ABOUT 54 YEARS
R/O. No.2, 1ST FLOOR
2ND BLOCK, 3RD STAGE
BASAVESHWARANAGAR
BANGALORE-79
14 . SMT. K G PARVATHI
W/O K T GOVARDHAN
AGED ABOUT 50 YEARS
R/O. No.2, 1ST FLOOR
2ND BLOCK, 3RD STAGE
BASAVEHWARANAGAR
BANGALORE-79
15 . K G TULASI RAM
S/O K T GOVARDHAN
AGED ABOUT 27 YEARS
R/O. No.2, 1ST FLOOR
2ND BLOCK, 3RD STAGE
BASAVEHWARANAGAR
BANGALORE-79.
-5-
16 . K T SUDARSHAN
S/O. K.G. TULASIRAM
AGED ABOUT 50 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04.
17 . K S MANJULA
W/O K T SUDARSHAN
AGED ABOUT 45 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04.
18 . K S KIRAN
S/O K T SUDARSHAN
AGED ABOUT 23 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04.
19 . K G VIJAY
S/O. K T GOVARDHAN
AGED ABOUT 22 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04.
20. SHAKUNTHALA
D/O K G TULASIRAM
AGED ABOUT 65 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM, BANGALORE-04
21 . RAJALAKSHMI
D/O K G TULASIRAM
AGED ABOUT 41 YEARS
R/O. No.10, NEW HIGH SCHOOL ROAD
V V PURAM BANGALORE-04.
... RESPONDENTS
(BY SRI R B SANGAMESH, ADVOCATE-ABSENT)
-6-
---
THIS CIVIL MISC.PETITION IS FILED U/S.11 OF THE
ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO
APPOINT SRI. JUSTICE JAYARAM CHOUTA AS THE PETITIONER'S
ARBITRATOR AND PLEASED TO APPOINT ANY RETIRED JUDGE
OF THE HON'BLE HIGH COURT AS AN ARBITRATOR FOR
RESPONDENTS AND AN UMPIRE AS PER ADM DATED
15/05/2003.
THIS PETITION COMING ON FOR HEARING, THIS DAY, S.
SUJATHA J, MADE THE FOLLOWING:
ORDER
This CMP is filed by the petitioners under Section
11(5) and (6) of the Arbitration and Conciliation Act, 1996,
for appointment of an arbitrator as per the Agreement for
Development and Marketing.
2. This Court vide order dated 23.11.2012 has
directed to list this matter after the judgment is passed
before the Hon'ble Apex Court and when the parties file a
memo to that effect. Subsequently, I.A. No. 1/2013 was
filed by the petitioners seeking for recalling of this order
dated 23.11.2012.
3. Today, none appears for the parties. In the order
dated 09.02.2022 passed by this Court on I.A. No. 1/2013,
it has been recorded that the petition has become
infructuous on account of efflux of time, as the arbitrator
was appointed subsequently and compromise was arrived
at between the parties, I.A.No.1/2013 filed by the
petitioners to recall the order dated 23.11.2012 and to hear
the matter on merits has been dismissed as withdrawn. In
view of the aforesaid, this petition does not survive for
consideration. Accordingly Writ Petition stands dismissed as
having rendered infructuous.
Sd/-
JUDGE
Sd/-
JUDGE
LRS
ct:SM
