IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA CIVIL MISCELLANEOUS PETITION NO.117 OF 2016 BETWEEN:
MR.ASHRAF ALI, S/O V.B.ABDULLAH, AGED ABOUT 45 YEARS, OFFICE AT: CITI TOWERS, NO.15, GROUND FLOOR, PRESTIGE COPPER ARCH, INFANTRY ROAD, BENGALURU – 560 001. ... PETITIONER (BY SRI SHRAVAN S LOKRE FOR SRI SURESH S LOKRE, ADVS.,) AND:
M/S. ASHRAFY’S AGENCIES, REPRESENTED BY ITS MANAGING PARTNER, MR.FAISAL MAHMOOD, A PARTNERSHIP FIRM, NO.65, M.G.ROAD, BLUE MOON COMPLEX, BENGALURU – 560 001. …RESPONDENT (BY SRI SUSHAL TIWARI FOR SRI NIKHILESH M RAO, ADVS.,) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(7) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO a) APPOINT AN ARBITRATOR FOR THE ADJUDICATION OF THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT IN TERMS OF CLAUSE 19 OF THE REGISTERED DEED OF SUB – LEASE DATED 09.03.2012.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R After arguing the matter for some time, Sri Shravan S. Lokre, learned counsel for the petitioner fairly submits that in view of the dicutm of the Hon’ble Supreme Court in the case of HIMANGNI ENTERPRISES Vs. KAMALJEET SINGH AHLUWALIA – (2017) 10 SCC 706, the civil misscellaneous petition may be disposed of as withdrawn with liberty to the petitioner to avail alternative remedy available in accordane with law and to that effect he has filed a memo.
2. The memo is placed on record.
Accordingly, the Civil Misscellaneous Petition is disposed of as withdrawn with liberty as prayed for.
Sd/- JUDGE HJ