M/S Rajarajeshwari Buildcon Private ... vs B N Vishwanath
2024 Latest Caselaw 26782 Kant

Karnataka High Court

M/S Rajarajeshwari Buildcon Private ... vs B N Vishwanath on 8 November, 2024

                                        -1-
                                                NC: 2024:KHC:45272-DB
                                                MFA No. 3998 of 2021




             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 8TH DAY OF NOVEMBER, 2024

                                     PRESENT
                  THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                        AND
                     THE HON'BLE MR JUSTICE S RACHAIAH
             MISCELLANEOUS FIRST APPEAL NO. 3998 OF 2021 (AA)

             BETWEEN:

             1.   M/S RAJARAJESHWARI BUILDCON PRIVATE LIMITED
                  @ M/S. RAJARAJESHWARI BUILDCON PVT..LTD.,
                  A COMPANY INCORPORATED UNDER THE COMPANIES ACT
                  AND HAVING ITS REGISTERED OFFICE AT SREE RANGA
                  NO.67/1 NETTKALAPPA CIRCLE, BASAVANAGUDI
                  BANGALORE - 560 004
                  REPRESENTED BY ITS MANAGING DIRECTOR
                  SRI RAMANLAL M SHA.

Digitally    2.   MR. RAMANLAL M SHA
signed by
NARAYANA
                  AGED ABOUT 63 YEARS,
UMA               S/O SRI MANIKCHAND SHA,
Location:
HIGH COURT        DIRECTOR, M/S RAJARAJESHWARI BUILDCON PVT LTD.,
OF                OFFICE AT SREE RANGA NO.67/1 NETTKALAPPA CIRCLE,
KARNATAKA
                  BASAVANAGUDI BANGALORE - 560 004.

             3.   MITESH KUMAR J SHA
                  AGED ABOUT 52 YEARS,
                  S/O LATE JAYANTILAL DIRECTOR,
                  M/S RAJARAJESHWARI BUILDCON PVT LTD.,
                  OFFICE AT SREE RANGA NO.67/1
                  NETTKALAPPA CIRCLE BASAVANAGUDI
                  BANGALORE - 560 004.
                                                          ...APPELLANTS
             (BY SRI. AJIT P B.,ADVOCATE)
                             -2-
                                      NC: 2024:KHC:45272-DB
                                      MFA No. 3998 of 2021




AND:
1.   B N VISHWANATH
     AGED ABOUT 63 YEARS,
     S/O LATE T V NARAYANASWAMY, NO.12,
     28TH CROSS, 2ND MAIN, 7TH BLOCK,
     JAYANAGAR BANGALORE - 560 082.

2.   A KHEEMRAJ
     AGED ABOUT 73 YEARS,
     S/O LATE ASULAL
     R/AT NO. 24, D.S.LANE, CHIKPET
     BANGALORE - 560 053.

     ALSO R/AT FLAT NO.304,
     R.R.ELEGNCE, NO.39, 23RD MAIN, 36TH 'F' CROSS
     4TH T BLOCK, JAYANAGAR
     BANGALORE - 560 041.

3.   THE SUB-REGISTRAR
     GOVT. OF KARNATAKA JAYANAGAR,
     BANGALORE - 560 011.

4.  BRUHAT BANGALORE MAHANAGARA PALIKE
    THE COMMISSIONER, N.R.SQUARE,
    BANGALORE - 560 002.
                                       ...RESPONDENTS
(BY SRI. BATHEGOWDA.K.V.,ADVOCATE FOR R-4
 (NOTICE NOT ORDERED R/O R-2 & R-3)

     THIS MFA FILED UNDER SECTION 37(1)(a) OF THE
ARBITRATION AND CONCILIATION ACT, PRAYING TO SET
ASIDE THE ORDER DATED 22.07.2019 IN O.S.NO. 6786/2016
ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY (CCH-25),

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE V KAMESWAR RAO
          and
          HON'BLE MR JUSTICE S RACHAIAH
                                 -3-
                                           NC: 2024:KHC:45272-DB
                                           MFA No. 3998 of 2021




                      ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

1. Learned counsel for appellant has filed a memo for

withdrawing the appeal, the same reads as under:

"MEMO FOR WITHDRAWAL The undersigned counsel herein for the Appellants respectfully submits that the present Appeal is fileD impugning the Order dated:

22.07.2019, passed by the III Additional City Civil & Sessions Judge, Bengaluru, rejecting the Appellant's Application under Section 8 of the Arbitration and Conciliation Act, in O.S.No. 6786/2016. The suit is of the year 2016, and at present, the suit is posted for the Defendant's (Appellant) evidence before the Hon'ble Trial Court. In view of the suit having substantially progressed, the Appellants are not inclined to pursue the present Appeal. Hence, it is respectfully prayed that the present Appeal may be disposed of as withdrawn."

NC: 2024:KHC:45272-DB

2. Learned counsel for the appellant reiterates the

prayer as made in the memo for withdrawing the

appeal. Accordingly, the appeal is dismissed as

withdrawn.

3. Pending I.A Nos.1/2020 and 2/2020 do not survive

for consideration and stand disposed of.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE

UN