IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA CIVIL REVISION PETITION No.366/2017 (IO) BETWEEN:
M/S LEADER CHAPPAL INDUSTRIES , SITUATED AT KODICAL , ASHOKNAGAR, MANGALURU, RERPESENTED BY ITS MANAGING PARTNER SRI U. S. BADRUDDIN, S/O LATE U. H. AHAMED, AGED ABOUT 61 YEARS, R/AT ‘B-WINGS’, FLAT NO.302, 3RD FLOOR, PEARL APARTMENT, PANDESHWARA, MANGALURU 575001.
(BY SRI UDAYA PRAKASH M., ADVOCATE) AND:
HAYATHUDDIN JUMMA MASJID SITUATED AT J. M. ROAD, KODICAL, ASHOKNAGAR MANGALURU, REPRESENTED BY ITS SECRETARY MR. UMMER FAROOQUE, S/O LATE T. HAJI HAJJABBA, AGED 34 YEARS, R/AT RUZINA MANZIL, J.M. ROAD, KODICAL, MANGALURU-575001.
... PETITIONER ... RESPONDENT THIS CRP IS FILED UNDER SECTION 115 OF CPC 1908, AGAINST THE ORDER DATED 26.07.2017 PASSED ON IA.NO.1 IN OS.NO.92/2017 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU, D.K., DISMISSING THE IA.NO.1 FILED UNDER ORDER VII RULE 11 OF CPC READ WITH SECTION 8 OF ARBITRATION AND CONCILIATION ACT 1996 TO REJECT THE PLAINT.
THIS CRP COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After arguing the matter for some time, Sri Udaya Prakash M., learned Counsel for the petitioner submits that though the written statement filed long back, the trial Court has not framed any issue. Therefore, the petitioner has proceeded to file the present application under Order VII Rule 11(d) of the Code of Civil Procedure to reject the plaint on the ground that there is an arbitration clause in the agreement and therefore, the suit is not maintainable.
2. If that is so, after framing of issues by the trial Court and if such an issue is not framed in the suit, it is always open for the petitioner to file an application under Order XIV Rule 5 of the Code of Civil Procedure seeking the Court to frame proper issue.
3. With the above observation, this Civil Revision Petition is disposed of.
SD/-
JUDGE Nsu/-