Karnataka High Court
M/S Rajarajeshwari Buildcon Private ... vs B N Vishwanath on 21 November, 2024
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NC: 2024:KHC:47215-DB
MFA No. 2660 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST 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. 2660 OF 2021 (AA)
BETWEEN:
1. M/S RAJARAJESHWARI BUILDCON PRIVATE LIMITED
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
2. MR. RAMANLAL M SHADOW WITNESS
Digitally signed
by
AGED ABOUT 63 YEARS
SREEDHARAN
BANGALORE S/O. SRI. MANIKCHAND SHA,
SUSHMA
LAKSHMI DIRECTOR,
Location: HIGH
COURT OF
KARNATAKA M/S. RAJARAJESHWARI BUILDCON PVT LTD,
OFFICE AT 'SREE RANGA'
NO. 67/1, NETTKALAPPA CIRCLE,
BASAVANAGUDI,
BANGALORE - 560 004.
...APPELLANTS
(BY SRI. GAGANDEEP .E, ADVOCATE FOR
SRI. AJIT P B, ADVOCATE)
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MFA No. 2660 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. MITESH KUMAR J. SHADOW WITNESS
AGED ABOUT 52 YEARS
S/O. LATE. JAYANTILAL,
DIRECTOR,
M/S. RAJARAJESHWARI BUILDCON PVT
OFFICE AT 'SREE RANGA'
NO. 67/1, NETTKALAPPA CIRCLE,
BASAVANAGUDI,
BANGALORE - 560 004.
3. THE SUB REGISTRAR
GOVT. OF KARNATAKA,
JAYANAGAR , BANGALORE - 560 001.
4. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE,
AT N.R. SQUARE, BANGALORE - 560 002.
5. SRI. S N GURURAJ
AGED ABOUT 47 YEARS
S/O. SRI. S.L. NATARAJASETTY,
R/AT SRI. RAGHAVENDRA KRUPA,
GAYATHRI CIRCLE, VP EXTENSION,
CHITRADURGA - 577 501.
6. SRI. K V KESHAVA MURTHY
AGED ABOUT 52 YEARS
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MFA No. 2660 of 2021
S/O. LATE. K. VISHWANATH SETTY,
R/AT NO. 1627, CHICKPET,
CHITRDUGA - 577 501.
7. SMT. K A ROOPA
AGED ABOUT 45 YEARS
W/O. SRI. K.S. ANAND,
R/AT GURUKRUPA,
2ND CROSS, J.C.R. EXTENSION,
CHITRADURGA - 577 501.
8. SRI. T S VINAY
AGED ABOUT 51 YEARS
S/O. SRI. T.V. SRINIVASA MURTHY,
R/AT NO. 277, 26TH CROSS,
BANASHANKARI 2ND STAGE,
BANGALORE - 560 070.
9. SRI. M V DIVAKAR
S/O. LATE M.Y. VENKATARAMANA SETTY,
R/AT NIGAM, JCR EXTENSION, 3RD CROSS,
CHITRADURGA - 577 501.
10. SMT. K.G. VYDHEHY
AGED ABOUT 38 YEARS
W/O. SRI. K N GOVINDARAJU,
R/AT NO. 693, 2ND 'A' CROSS,
6TH MAIN, LAKSHMEESHA ROAD,
HANUMANTHANAGAR, BANGALORE - 560 019.
11. SRI. S R PRANEETH
AGED ABOUT 31 YEARS
S/O. SRI. SREERAM RAJENDRA PRASAD,
R/AT NO 77,
1-B, LA ROYAL HOMES,
DIAGONAL ROAD, VV PURAM,
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MFA No. 2660 of 2021
BANGALORE - 560 004.
12. SRI. K G NARASIMHAIAH
AGED ABOUT 69 YEARS
S/O. LATE. SRI. K. R. GOVINDAIAH SETTY,
R/AT NO. 14, LAKSHMI NIVAS,
KARNIC ROAD, SHANKARAPURAM,
BANGALORE - 560 004.
13. SRI. C. HARIKRISHNA
S/O. SRI. C.V. NARASIMHULU CHETTY,
R/AT NO. 3, 9TH CROSS,
7TH MAIN, 2ND BLOCK
JAYANAGAR, BANGALORE - 560 011.
14. SRI. A.V. ANANTHA SRINIVAS
AGED ABOUT 48 YEARS
S/O. SRI. A V VIJAYA KUMAR,
R/AT NO. 115/3, NAGARAJA LAYOUT,
BULL TEMPLE ROAD CROSS,
KEMPEGOWDA NAGAR,
BANGALORE - 560 019.
...RESPONDENTS
(BY SRI. B N JAYADEVA, ADVOCATE FOR R1;
SRI. K S MALLIKARJUNA REDDY, ADVOCATE FOR R4;
SRI. ADITYA VIKRAM BHAT, AGA FOR R3;
R2, R6, R8, R11, R13 AND R14 ARE
SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S. 37(1)(a) OF THE ARBITRATION
AND CONCILIATION ACT, TO SET ASIDE THE ORDER DATED
22.07.2019, PASSED IN O.S. NO.7066/2016, ON THE FILE OF
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MFA No. 2660 of 2021
THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
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
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
Counsel for the appellants has filed a memo for
withdrawal, which is taken on record. The same reads as
under:
"The undersigned counsel herein for the appellants
respectfully submits that the present Appeal is filed
impugning the Order dated 22.7.2019 passed by the
III Additional City Civil & Sessions Judge, Bengaluru,
rejecting the Appellants' Application under Section 8
of the Arbitration and Conciliation Act, in
O.S.No.7066/2016. The suit before the Hon'ble Trial
Court was disposed of on 27/07/2024. In view of the
suit having been disposed of, the present Appeal has
become infructuous. Hence, it is respectfully prayed
that the present Appeal may be disposed of as
withdrawn."
NC: 2024:KHC:47215-DB
2. He states he shall withdraw the appeal. The appeal
is dismissed as withdrawn as having become infructuous.
Sd/-
(V KAMESWAR RAO)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
JS
