Karnataka High Court
M/S Rajarajeshwari Buildcon Private ... vs B N Vishwanath on 29 October, 2024
-1-
NC: 2024:KHC:43502-DB
MFA No. 4309 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH 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.4309 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
BENGALURU - 560 004
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 SREEDHARAN M/S. RAJARAJESHWARI BUILDCON PVT. LTD.
BANGALORE OFFICE AT 'SREE RANGA', NO.67/1
SUSHMA NETTKALAPPA CIRCLE, BASAVANAGUDI
LAKSHMI
Location: HIGH
BENGLAURU - 560 004.
COURT OF
KARNATAKA 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
BENGALURU- 560 004.
...APPELLANTS
(BY SRI P. B. AJIT, ADVOCATE)
-2-
NC: 2024:KHC:43502-DB
MFA No. 4309 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
BENGALURU - 560 082.
2. YASHODHA SUNDARARAJAN
AGED ABOUT 76 YEARS
S/O. K. S. SUNDARARAJAN
R/AT FLAT NO. 301, R.R. ELEGANCE
NO.39, 23RD MAIN, 36TH 'F' CROSS
4TH 'T' BLOCK, JAYANAGAR
BENGLAURU - 560 041.
3. THE SUB-REGISTRAR
GOVT. OF KARNATAKA
JAYANAGAR,
BENGLAURU - 560 011.
4. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE
AT N. R. SQUARE
BENGALURU - 560 002.
...RESPONDENTS
(BY SRI B. N. JAYADEVA, ADVOCATE FOR R-1;
SRI KESHAVA KUMAR B., ADVOCATE FOR R-2;
SRI B. V. MURALIDHAR, ADVOCATE FOR R-4;
R-3 IS SERVED)
THIS MFA IS FILED UNDER SECTION 37(1)(A) OF THE
ARBITRATION AND CONCILIATION ACT, SETTING ASIDE THE
ORDER DATED 22.07.2019 PASSED IN O.S. NO.6788/2016 ON
THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU CITY (CCH-25).
THIS MFA, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-3-
NC: 2024:KHC:43502-DB
MFA No. 4309 of 2021
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 appellants has filed a memo for
withdrawal. The same is taken on record.
2. The memo for withdrawal 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.6788/2016. 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:43502-DB
3. Learned counsel for the appellants reiterates the
prayer for withdrawal of the appeal. The appeal is dismissed as
withdrawn.
4. In view of the dismissal of the appeal,
I.A.Nos.1/2020 and 2/2020 do not survive for consideration,
Accordingly, the same are disposed of.
SD/-
(V KAMESWAR RAO)
JUDGE
SD/-
(S RACHAIAH)
JUDGE
JS/-
