M/S Sukruthi Developers vs Sri Hemant Kumar
2024 Latest Caselaw 25369 Kant

Karnataka High Court

M/S Sukruthi Developers vs Sri Hemant Kumar on 24 October, 2024

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                                                            MFA No. 3653 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                             PRESENT
                           THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                                AND
                              THE HON'BLE MR JUSTICE S RACHAIAH
                   MISCELLANEOUS FIRST APPEAL NO. 3653 OF 2017 (AA)
                   BETWEEN:

                   M/S. SUKRUTHI DEVELOPERS,
                   NO.8, 1ST MAIN ROAD,
                   GANDHINAGAR,
                   BENGLAURU - 560 009.
                   REPRESENTED BY ITS PARTNER,
                   SRI. B.V. BADRINATH,
                   AGED ABOUT 62 YEARS,
                   S/O LATE B.S. VISHWANATHA SETTY.
                                                                     ...APPELLANT
                   (BY SRI. ABHINAV.R., ADVOCATE)


                   AND:
Digitally signed
by K G             1.    SRI. HEMANT KUMAR,
RENUKAMBA                AGED ABOUT 46 YEARS,
Location: High           S/O. LATE M.G. LOKESHWARA,
Court of
Karnataka
                   2.    SMT. C. RANGAMMA,
                         MAJOR IN AGE,
                         W/O LATE M.G .LOKESHWARA,

                   3.    M/S. L. REKHA,
                         AGED ABOUT 42 YEARS,
                         D/O LATE M.G. LOKESHWARA,

                         R1 TO R3 ARE RESIDING AT:
                         NO.2126/32-7, 8TH 'A' MAIN ROAD,
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                                               NC: 2024:KHC:42830-DB
                                                MFA No. 3653 of 2017




     SAMPANGIRAMANAGAR,
     BENGALURU - 560 027.

4.   SMT. L. KANYAKUMARI,
     AGED ABOUT 50 YEARS,
     W/O N. MANJUNATH,
     R/AT: CHOLANAYAKANAHALLI,
     HEBBAL,
     BENGALURU - 560 032.
                                                          ...RESPONDENTS

      THIS MFA IS FILED UNDER SECTION 37(1)(B) OF
ARBITRATION AND CONCILIATION ACT 1996, AGAINST THE
ORDER DATED 10.01.2017 PASSED IN AA NO.75/2006 ON THE
FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE CITY,(CCH.NO.2), DISMISSING THE PETITION
FILED    UNDER   SECTION    9   OF    ARBITRATION  AND
CONCILIATION ACT.

     THIS APPEAL, COMING ON FOR FINAL HEARING, 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)

Learned counsel for the appellant has filed a memo dated

24.10.2024 to withdraw the present appeal, which reads as

under:

"The appellant herein submits that the dispute in relatioin to which AA No.75/2006 was filed has been

NC: 2024:KHC:42830-DB

adjudicated on merits in AC No.641/2023 and an Award dated 06.08.2024 has been passed by the Hon'ble Arbitrator. The relief sought herein in relation to the Schedule Property is covered under the said Award dated 06.08.2024. Therefore, the Appellant may be permitted to withdraw the present appeal in view of the said Arbitral Award. The present memo may kindly be taken on record, in the interest of justice and equity. "

Accordingly, the appeal is dismissed as withdrawn.

Pending IAs i.e., I.A.Nos.1/2017 and 2/2017 do not

survive for consideration and stand disposed of.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE

SMC