IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.12952/2017 (GM-RES) Between:
1. Executive Engineer No.2, Canal Division, KNNL, Odderahatti Camp, Gangavathi – 583 227.
2. M/s. Karnataka Neeravari Nigam Ltd. A Company registered under the Companies Act and having Regd. Office at 4th Floor, Coffee Board Bldg., No.1, Dr. B.R. Ambedkar Veedhi, Bangalore – 560 001 Rep. by its Company Secretary.
... Petitioners (By Sri. Prashanth B.R., Adv.,) And:
1. Sri. Nagappa D. Waddar, Major, Class I contractor, Vajjal, Vajjal Post, Shorapur (Tq), Yadgir District.
2. Sri. B.N. Chandrashekaraiah, Major, Sole Arbitrator, B.E. (Civil) Engineer-in-Chief (Retd.) & Arbitrator Karnataka, P.W.D.
No.865, 12th Cross, 5th Main, M.C. Layout, Vijayanagar, Bangalore – 560 040.
... Respondents (By Sri. S.P. Kulkarni, Adv. for R1 and R2.) ***** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 02.03.2017 passed in I.A.No.1/16 in A.S.No.4/2016 at Annexure-A passed by the learned Principal Judge, Koppal, etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
O R D E R In the present petition, the petitioner has challenged the condition imposed in the order dated 2nd March, 2017, passed in I.A.No.1/16 in A.S.No.4/2016 as regards the direction to deposit 50% of the award amount or to furnish security to the like extent.
2. While the present petition was pending, the counsel for the petitioners states that the said Arbitration Suit No.4/2016 has been disposed of on 27th April, 2019, and therefore the petition no longer survives. He also filed a memo stating that the above case has become infructuous and seeks for disposal of the matter.
3. In view of the submission made and the memo filed, the writ petition is dismissed in terms of the memo.
Sd/- JUDGE
Mgn/-