M/S Rajarajeshwari Buildcon Private ... vs B N Vishwanath
2024 Latest Caselaw 25365 Kant

Karnataka High Court

M/S Rajarajeshwari Buildcon Private ... vs B N Vishwanath on 24 October, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                            NC: 2024:KHC:42795
                                                         MFA No. 4067 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                    MISCELLANEOUS FIRST APPEAL NO.4067 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,
                         NETTAKALLAPPA CIRCLE,
                         BASAVANAGUDI,
                         BANGALORE-560004.
                         REPRESENTED BY ITS MANAGING DIRECTOR
                         SRI RAMANLAL M. SHA.

                   2.    MR. RAMANLAL M. SHA,
                         AGED ABOUT 63 YEARS,
                         S/O SRI MANIKCHAND SHA,
                         DIRECTOR,
Digitally signed
by DEVIKA M              M/S RAJARAJESHWARI BUILDCON PVT.LTD.
Location: HIGH           OFFICE AT 'SREE RANGA' NO.67/1,
COURT OF                 NETTAKALLAPPA CIRCLE,
KARNATAKA                BASAVANAGUDI,
                         BANGALORE-560004.
                                                                   ...APPELLANTS

                                   (BY SRI. AJIT P.B., ADVOCATE)
                                                  S
                   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.
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                                      NC: 2024:KHC:42795
                                   MFA No. 4067 of 2021




2.   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,
     NETTAKALLAPPA CIRCLE,
     BASAVANAGUDI,
     BANGALORE-560004.

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

4.   THE COMMISSIONER,
     BRUHAT BANGALORE MAHANAGARA
     PALIKE, AT N.R.SQUARE,
     BANGALORE-560002.

5.   RENUKA PRASAD,
     AGED ABOUT 59 YEARS,
     S/O LATE GANGADHARAIAH,
     R/AT NO.1064, 31ST CROSS,
     SIT EXTENSION,
     TUMKURU-572101.

6.   AKSHAY T.R.,
     AGED ABOUT 28 YEARS,
     S/O RENUKA PRASAD,
     R/AT NO.1064, 31ST CROSS,
     SIT EXTENSION,
     TUMKURU-572101.

7.   ALLAHABAD BANK,
     CHAMARAJPET BRANCH,
     BANGALORE-560 018.
     REPRESENTED BY ITS MANAGER.
                                          ...RESPONDENTS

     THIS MFA IS FILED UNDER SECTION 37(1)(a) OF THE
ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
DATED 22.07.2019 PASSED ON I.A.NO5 IN O.S.NO.7064/2016
ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND
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                                               NC: 2024:KHC:42795
                                             MFA No. 4067 of 2021




SESSIONS JUDGE, BENGALURU CITY (CCH-25), REJECTING THE
APPLICATION FILED UNDER SECTION 8(1) OF ARBITRATION
AND CONCILIATION ACT, 1996.

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

CORAM:     HON'BLE MR JUSTICE H.P.SANDESH

                        ORAL JUDGMENT

The learned counsel for the appellants submits that the

appeal has become infructuous since the very suit itself is

disposed of.

2. The submission of the learned counsel for the

appellants is taken on record.

3. The appeal is dismissed as having become

infructuous.

Sd/-

(H.P.SANDESH) JUDGE

MD