M/S Avon Township Developers vs M/S Vdb Properties Ventures Pvt ...
2022 Latest Caselaw 7244 Kant

                         -1-



   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF MAY 2022

                       PRESENT

    THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

                         AND

        THE HON'BLE MR.JUSTICE M.G.S.KAMAL

              MFA NO.3544/2022 (AA)

BETWEEN:

M/s Avon Township Developers
A partnership firm having its
Registered office at Ground Floor,
Cosmos Calista Apartment,
9th Main, NRI Layout,
Kalkere, Bangalore 560043
Represented by its Managing Partner
Mr.Anji Reddy.
                                           ...APPELLANT
(BY Sri.Vikram S.Huilgol, Senior Counsel
For Sri.Sammith S. Advocate)

AND:

M/s. VDB Properties Ventures Pvt. Ltd.
A private limited company having its
Registered office at 3rd Floor,
#42, Castle Street, Ashoknagar,
Bangalore - 560025
Represented by its Director,
Mr.Koshy Varghese
                                         ...RESPONDENT

(By Sri.Dhananjay Joshi, Senior Counsel for
Sri Sri Kashyap.N.Naik, Advocate)
                             -2-



      This MFA filed under Section 37(1)(b) of the
Arbitration and Conciliation Act against the order dated
21.04.2022 passed on I.A.No.1 in AA.No.5/2022 on the
file of the VII Additional District and Sessions Judge,
Bengaluru Rural District, allowing the I.A.No.I filed
under Section 9 of the Arbitration and Conciliation Act,
1966.

     This appeal coming on for admission, this day,
B.M.SHYAM PRASAD, J., delivered the following:

                       JUDGMENT

The appellant, who is the respondent in an

application under Section 9 of the Arbitration and

Conciliation Act, 1996 [for short, 'the Arbitration Act'] in

A.A.No.5/2022 on the file of the VII Additional District

Judge, Bengaluru Rural District, Bengaluru [for short,

'the civil Court'], has impugned an ex parte order dated

21.04.2022 of temporary injunction. The appellant is

restrained from alienating/encumbering certain

immovable properties that are described in the schedule

appended to the application.

Sri. Vikram S.Huilgol, learned Senior counsel for

the appellant and Sri Dhananjay Joshi, learned Senior

counsel for the respondent, have been heard and the

records perused. The learned Senior counsels submit

that this appeal could be disposed of leaving open all

contentions to be urged before the civil Court calling

upon the civil Court to dispose of the application under

Section 9 of the Arbitration Act in a time bound

manner, and they also submit that the appellant and

respondent shall appear before the civil Court on

02.06.2022 and both the appellant and the respondent

be reserved liberty to make an application enclosing the

certified copy for listing of the appeal before the civil

Court for listing of the application on 02.06.2022.

This Court, in the light of the rival contentions

and the unanimous submissions, is of the considered

view that, the appeal must be disposed of as requested

by the learned Senior counsels with liberty as

mentioned by them. Hence, the following:

ORDER

The Appeal stands disposed of calling upon the

civil Court, on an application either by the appellant or

the respondent to list the application in A.A.No.5/2022

on 02.06.2022 and to dispose of such application

within a period of three weeks from 02.06.2022.

The appellant and the respondent shall be at

liberty to complete their pleadings either on 05.06.2022

or such other time allowed by the civil Court. It is

needless to observe that all questions are left open to be

considered by the civil Court.

SD/-

JUDGE

SD/-

JUDGE

Dkb