IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.18290 OF 2018 C/W WRIT PETITION No.18291 OF 2018(GM-RES) WRIT PETITION No.18290/2018: BETWEEN:
M/s.KASHYAP CONSTRUCTIONS PVT. LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 215/1, 1ST FLOOR, 3RD PHASE, 100 FT RING ROAD, BSK III STAGE, BENGALURU-560 085, REPRESENTED BY ITS DIRECTOR, MR.L.S.SANTOSH ..PETITIONER (BY SRI SRIRANGA S., ADVOCATE) AND:
1.M/s.VAG BUILDTECH PVT. LTD., (FORMERLY KNOWN AS M/s.SUNILHITECH INDIA INFRA PVT. LTD.,) A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT MET EDUCATIONAL COMPLEX, 6TH FLOOR, C-WING, A.K. VAIDYA MARG, BANDRA RECLAMATION, BANDRA (WEST), MUMBAI-400 050, REPRESENTED BY ITS DIRECTOR 2.JUSTICE V. C. DAGA (RETD.) ARBITRATOR, #51, RAJGIR CHAMBERS, 6TH FLOOR, OPP. OLD CUSTOM HOUSE, 12/14, SHAHID BHAGAT SINGH ROAD, FORT, MUMBAI-400 001. ..RESPONDENTS (BY SRI N JAGADISH, ADVOCATE FOR C/R-1, VIDE ORDER DATED 23.07.2018 R-2 IS DELETED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
CALL FOR RECORDS IN THE MISCELLAENOUS APPEAL IN M.A.NO.4/2018 IN THE MATTER OF CONTRACT DATED 17.11.2015 (ANNEXURE-A) BETWEEN THE PETITIONER AND THE RESPONDENT PENDING BEFORE THE ADDITIONAL CITY CIVIL & SESSIONS JUDGE AT BENGALURU (CCH-15) AND;
SET ASIDE THE ORDER DATED 23.04.2018 (ANNEXURE-P) PASSED BY THE CITY CIVIL COURT IN MA NO.4/18 FILED BY THE PETITIONER IN ITS ENTIRETY AND ALLOW MA NO.4/2018;
WRIT PETITION No.18291/2018: BETWEEN:
M/s.KASHYAP CONSTRUCTIONS PVT. LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 215/1, 1ST FLOOR, 3RD PHASE, 100 FT RING ROAD, BSK III STAGE, BENGALURU-560 085, REPRESENTED BY ITS DIRECTOR, MR.L.S.SANTOSH ..PETITIONER (BY SRI SRIRANGA S., ADVOCATE) AND:
1.M/s.VAG BUILDTECH PVT. LTD., (FORMERLY KNOWN AS M/s.SUNILHITECH INDIA INFRA PVT. LTD.,) A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT MET EDUCATIONAL COMPLEX, 6TH FLOOR, C-WING, A.K. VAIDYA MARG, BANDRA RECLAMATION, BANDRA (WEST), MUMBAI-400 050, REPRESENTED BY ITS DIRECTOR.
2.JUSTICE V. C. DAGA (RETD.) ARBITRATOR, #51, RAJGIR CHAMBERS, 6TH FLOOR, OPP. OLD CUSTOM HOUSE, 12/14, SHAHID BHAGAT SINGH ROAD, FORT, MUMBAI-400 001. ..RESPONDENTS (BY SRI N JAGADISH, ADVOCATE FOR R-1, VIDE ORDER DATED 23.07.2018 R-2 IS DELETED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
CALL FOR RECORDS IN THE MSICELLANEOUS APPEAL IN MA.NO.5/2018 IN THEMATTER OF CONTRACT DATED:17.11.2015 VIDE ANNEXURE-A BETWEEN THE PETITIONER AND THE RESPONDENT PENDING BEFORE THE ADDITIONAL CITY CIVIL & SESSIONS JUDGE AT BENGALURU (CCH-15).
SET ASIDE THE ORDER DATED:23.04.2018 VIDE ANNEXURE-P PASSED BY THE CITY CIVIL COURT IN MA NO.5/18 FILED BY THE PETITIONER IN ITS ENTIRETY AND ALLOW MA NO.5/2018.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING `B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr.Sriranga S., learned counsel for the petitioner.
Mr.N.Jagadish, learned counsel for respondent No.1.
2. Petition is admitted for hearing.
3. When the matter is taken up today, learned counsel for the parties jointly submitted that in view of the order dated 19.06.2019 passed by the Arbitrator, writ petitions has been rendered infructuous.
In view of the aforesaid submission, writ petitions are dismissed as infructuous.
Sd/- JUDGE SBN