Karnataka High Court
M/S Habitat Crest Apartment Owners ... vs M/S Pragnyacrest Properties Private ... on 4 April, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:14239
WP No. 5882 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 5882 OF 2024 (GM-CPC)
BETWEEN:
M/S HABITAT CREST APARTMENT OWNERS ASSOCIATION
A BODY REGISTERED UNDER THE
APARTMENT OWNERSHIP ACT 1972
HAVING ITS REGISTERED
ADDRESS AT HABITAT CREST APARTMENTS
OPP ZURI HOSTEL ITPL MAIN ROAD
WHITEFIELD
BENGALURU - 560 048.
THROUGH ITS AUTHORIZED PRESIDENT
MR. RAVINDRAN NAIR.
...PETITIONER
(BY SRI. DEEPAK BHASKAR, ADVOCATE)
AND:
M/S PRAGNYACREST PROPERTIES PRIVATE LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 1956,
Digitally signed by HAVING ITS REGISTERED
VANDANA S ADDRESS: OPP. TO HOTEL ZURI
Location: High Court
of Karnataka RAJAPALYA HOODI
MAHADEVAPURA POST
BENGALURU - 560 048
THROUGH ITS DIRECTORS
AJAY KUMAR GOPAL.
...RESPONDENT
THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION
OF INDIA PRAYING TO DIRECT THE LD. TRIAL COURT I.E, V ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT, BENGALURU
(CCH 13) TO HEAR AND DISPOSE OF THE IA NO. 2 FILED BY THE
RESPONDENT ABOVE NAMED UNDER SECTION 8 OF THE ARBITRATION
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NC: 2024:KHC:14239
WP No. 5882 of 2024
AND CONCILIATION ACT, 1996 READ WITH SECTION 151 OF THE CIVIL
PROCEDURE CODE, 1908, (ANNEXURE-C) WITHIN A PERIOD OF 30
(THIRTY) DAYS FORM THE DATE OF DISPOSAL OF THIS PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner/plaintiff seeks a direction
to the trial court to dispose of I.A.No.2 under Section 8
of the Arbitration and Conciliation Act, 1996 (for short, 'the Act
of 1996') filed by the respondent/defendant in O.S.No.9156/2019
pending on the file of V Additional City Civil and Sessions Judge,
Bengaluru, within a stipulated time frame.
2. It is submitted that in the aforesaid suit, the
respondent/defendant having entered appearance not only
filed the written statement but also filed an application,
I.A.No.2 as long as back on 10.11.2022 and to which the petitioner
has filed objections and the said application is still pending
consideration. It is submitted that delay in disposal of I.A.No.2
under Section 8 of the said Act is preventing the petitioner/plaintiff
from either proceeding further in the suit or take recourse to
proceedings in the event the said application is allowed
by the trial court and as such the petitioner is before this court
NC: 2024:KHC:14239
by way of the present petition seeking expeditious disposal of
I.A.No.2 filed by the respondent.
3. In view of the aforesaid facts and circumstances and
undisputed fact that I.A.No.2 filed by the respondent/defendant
under Section 8 of the Act would have an impact on either the suit
to be proceeded before the trial court or referring the matter to the
arbitrator, I deem it just and appropriate to exercise my jurisdiction
under Article 226 of the Constitution of India and in the light of
judgment of Apex Court in the case of High Court Bar
Association Allahabad Vs. State of U.P & Others reported in
2024 (2) SCR 946. I am of the view that the present case falls
under the category 'Rarest of the Rare Cases' so as to warrant
invocation of Article 227 of the Constitution of India, and thereby
direct trial court to consider and pass appropriate orders on
I.A.No.2 within a period of two months from 24.04.2024.
Subject to the aforesaid directions, petition is disposed off.
SD/-
JUDGE
AV
