[Cites 3, Cited by 0]
Karnataka High Court
M/S G K Shelters Pvt Ltd vs Mr. C G Channa Keshava on 12 January, 2026
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COMAP No. 259 of 2025
C/W COMAP No. 348 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
COMMERCIAL APPEAL NO. 259 OF 2025
C/W
COMMERCIAL APPEAL NO. 348 OF 2025
IN COMAP No. 259/2025
BETWEEN:
1. M/S. G.K. SHELTERS PVT LTD.,
A COMPANY INCORPORATED UNDER
INDIAN COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
NO.27, 9TH MAIN ROAD
Digitally signed JAYANAGAR 3RD BLOCK
by PRABHAKAR
SWETHA BANGALORE - 560 011
KRISHNAN
REPRESENTED BY ITS C.E.O.
Location: High
Court of MR. K.N. GOUTHAM NAIDU
Karnataka SON OF MR. N. NARASIMHALU NAIDU
AGED ABOUT 33 YEARS
...APPELLANT
(BY SRI K.V. SHYAMAPRASADA, ADVOCATE)
AND:
1. MR. C G CHANNA KESHAVA
S/O LATE C. GIRIRAJA GOWDA
AGED ABOUT 75 YEARS
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COMAP No. 259 of 2025
C/W COMAP No. 348 of 2025
HC-KAR
2. SMT. VASANTHI KESHAVA
WIFE OF C.G. CHANNAKESHAVA
AGED ABOUT 61 YEARS
3. SRI CHETHAN C.
SON OF C.G. CHANNAKESHAVA
AGED ABOUT 41 YEARS
4. SRI ROSHAN C
SON OF C.G. CHANNAKESHAVA
AGED ABOUT 39 YEARS
RESPONDENTS NOS.1 TO 4 ARE
RESIDING AT PLOT NO. 889
1ST BLOCK, 1ST CROSS
RAMAKRISHNA NAGAR
MYSORE - 570 022
5. SRI C.G. CHINNA SWAMY
S/O LATE C. GIRIRAJA GOWDA
AGED ABOUT 73 YEARS
6. SMT. INDUMATI
WIFE OF C.G. CHINNASWAMY
AGED ABOUT 64 YEAR
7. SMT. VINAYA CHINNASWAMY
DAUGHTER OF C.G. CHINNASWAMY
AGED ABOUT 40 YEARS
8. SMT. SOUMYA CHINNASWAMY
DAUGHTER OF C.G. CHINNASWAMY
AGED ABOUT 28 YEARS
RESPONDENTS NOS. 5 TO 8 ARE
RESIDING AT NO. 705, HMT LAYOUT
V.B. NAGAR, R.T. NAGAR POST
BANGALORE - 560 032
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COMAP No. 259 of 2025
C/W COMAP No. 348 of 2025
HC-KAR
9. SRI C.G. PURUSHOTHAM
S/O LATE C. GIRIRAJA GOWDA
AGED ABOUT 71 YEARS
10. SMT. USHA P
WIFE OF C.G. PURSHOTHAM
AGED ABOUT 61 YEARS
11. SRI NITHIN PURUSHOTHAM
SON OF C.G. PURSHOTHAM
AGED ABOUT 39 YEARS
12. SMT. POOJITHA
DAUGHTER OF C.G. PURSHOTHAM
AGED ABOUT 27 YEARS
RESPONDENTS NOS. 9 TO 12 ARE
RESIDING AT NO. 146
6TH MAIN, 3RD STAGE
GOKULAM
MYSORE - 570 002
13. SMT. SWARAJYA LAKSHMI
D/O LATE C. GIRIRAJA GOWDA
AGED ABOUT 63 YEARS
RESIDING AT BHUVANA NURSING HOME
SUNDAR NAGAR, GOKUL EXTENSION
BANGALORE - 560 054.
...RESPONDENTS
(BY SRI S. SRIRANGA, SENIOR ADVOCATE FOR
SMT. SUMANA NAGANAND, ADVOCATE FOR C/R-4)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13
(1-A) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE DATED 10.01.2025
PASSED IN COMMERCIAL A.A.NO.5/2024 BY THE XI ADDITIONAL
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COMAP No. 259 of 2025
C/W COMAP No. 348 of 2025
HC-KAR
DISTRICT JUDGE AND SESSIONS JUDGE (DEDICATED
COMMERCIAL COURT), BENGALURU RURAL DISTRICT,
BENGALURU AT ANNEXURE 'A' AND DECREE THE SUIT & ETC.
IN COMAP NO. 348/2025
BETWEEN:
1. MR. C.G. CHANNAKESHAVA
S/O LATE GIRIRAJEGOWDA
AGED ABOUT 73 YEARS
2. MRS. VASANTHI KESHAVA
W/O C.G. CHANNAKESHAVA
AGED ABOUT 60 YEARS
3. MR. CHETHAN C
S/O C.G CHANNAKESHAVA
AGED ABOUT 39 YEARS,
4. MR. ROSHAN C
S/O C.G. CHANNAKESHAVA
AGED ABOUT 37 YEARS
APPLICANT/APPELLANT NOS. 1 TO 4
ARE RESIDING AT
PLOT NO. 889, 1ST BLOCK, 1ST CROSS
RAMAKRISHNA NAGAR
MYSORE - 570 022.
5. MR. C.G CHINNA SWAMY
S/O LATE. GIRIRAJEGOWDA
AGED ABOUT 71 YEARS
6. MRS. INDUMATI
W/O C.G CHINNASWAMY
AGED ABOUT 62 YEARS
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C/W COMAP No. 348 of 2025
HC-KAR
7. MRS. VINAYA CHINNASWAMY
D/O C.G CHINNASWAMY
AGED ABOUT 38 YEARS
8. SMT. SOUMYA CHINNASWAMY
D/O C.G CHINNASWAMY
AGED ABOUT 36 YEARS
REP. BY HER GPA HOLDER (FATHER)
SRI C.G. CHINNASWAMY
S/O. LATE GIRIRAJEGOWDA
APPLICANT/APPELLANT NOS. 5 TO 8
ARE RESIDING AT NO. 705
HMT LAYOUT, V.B. NAGAR
R.T NAGAR, BENGALURU - 560 032
9. MR. C.G PURUSHOTHAM
S/O LATE. GIRIRAJEGOWDA
AGED ABOUT 69 YEARS
10. MRS. USHA P
W/O MR. C.G PURUSHOTHAM
AGED ABOUT 59 YEARS
11. MR. NITHIN PURUSTHOTHAM
S/O MR. C.G PURUSHOTHAM
AGED ABOUT 37 YEARS
12. MRS. POOJITHA PURUSTHOTHAM
D/O MR. C.G PURUSHOTHAM
AGED ABOUT 35 YEARS
13. MRS. SWARAJYA LAKSHMI
D/O LATE. GIRIRAJEGOWDA
AGED ABOUT 61 YEARS
RESIDING AT BHUVANA NURSING HOME
SUNDAR NAGAR, GOKUL EXTENSION
BANGALORE.
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COMAP No. 259 of 2025
C/W COMAP No. 348 of 2025
HC-KAR
...APPELLANTS
(BY SRI S. SRIRANGA, SENIOR ADVOCATE FOR
SMT. SUMANA NAGANAND, ADVOCATE)
AND:
1. M/S. G.K. SHELTERS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER
THE COMPANIES ACT 1956,
HAVING ITS OFFICE AT NO. 27
9TH MAIN ROAD, JAYANAGAR 3RD BLOCK
BANGALORE - 560 011
REPRESENTED BY C.E.O
MR. K.N. GOUTHAM NAIDU
S/O. MR. N. NARASIMHA NAIDU
AGED ABOAUT 33 YEARS
...RESPONDENT
(BY SRI K.V. SHYAMAPRASADA, ADVOCATE)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13
(1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH
SECTION 37 (1) (b) OF THE ARBITRATION AND CONCILIATION
ACT, 1996, PRAYING TO SET-ASIDE THE FINAL ORDER DATED
28.03.2025 IN COM.A.A.NO.2/2025 ON THE FILE OF XI
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL, BENGALURU (COMMERCIAL COURT ) AND ALLOW
THE ARBITRATION APPLICATION UNDER SECTION 9 OF THE
ARBITRATION AND CONCILIATION ACT, 1996 R/W RULE 9 OF
HIGH COURT OF KARNATAKA ARBITRATION (PROCEEDINGS
BEFORE COURTS) RULES 2001 SEEKING AN INTERIM RELIEF
AGAINST THE RESPONDENT IN RESPECT OF THE
APPLICATION SCHEDULE PROPERTIES & ETC.
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COMAP No. 259 of 2025
C/W COMAP No. 348 of 2025
HC-KAR
THESE COMMERCIAL APPEALS, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. For the reasons stated in the affidavit accompanying the
application―I.A.No.1/2025, the same is allowed. The delay of 10
days in filing COMAP No.259/2025 is condoned.
2. The learned counsel for the parties in both the appeals have
filed applications for appointment of an Arbitrator being
CMP No.505/2024 and CMP No.755/2025.
3. It does appear at this stage that the appellant in COMAP
No.259/2025 has not pursued his application for constitution of
arbitral proceedings although more than two years have been
lapsed since his application filed under Section 9 of the Arbitration
and Conciliation Act, 1996 [A&C Act] read with Order VII Rule 1
read with Section 26 of Code of Civil Procedure, 1908, was
disposed of by the impugned order.
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HC-KAR
4. The parties are at liberty to request the Court for an early
disposal of the said applications for appointment of an Arbitrator.
5. The learned counsel for the parties further agree that in the
event the applications are allowed and the Arbitral Tribunal is
constituted, the parties would be at liberty to file an application
under Section 17 of the A&C Act. The said applications if filed,
would be considered by the Arbitral Tribunal uninfluenced by the
impugned order.
6. In view of the aforesaid consensus between the parties, the
present appeals are disposed of.
7. Pending applications stand disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
KPS
