IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.56720-56721 OF 2018(GM-RES) Between:
1. M.S.Arshad, S/o Late M.Rahamatulla Khan, Aged about 57 years, No.351, 12th Cross, 2nd Block, Jayanagar, Bengaluru-560 011.
2. Mrs. Tasneem Fathima, W/o M.S.Arshad, Aged about 53 years, No.351, 12th Cross, 2nd Block, Jayanagar, Bengaluru-560 011. (By Smt.Madhuri.P, Advocate-absent) … Petitioners And:
1. M/s Rustumji Developments, Represented by its Proprietor Mr.N.H.Rustumji, G-15 and 16, Richmond Towers, 12, Richmond Road, Bengaluru-560 025.
2. N.H.Rustumji Aged about 69 years, S/o late MomiRustomji Proprietor of M/s Rustumji Developments, G-15 & 16, Richmond Towers, 12 Richmond Road, Bengaluru – 560 025.
3. Mrs.ZeebundehKhaleeli, Aged about 44 years, W/o Mr.Wusooq Khaleeli, D/o Mr.Akbar Mirza Khaleeli, Residing at No.11431 35th Avenue, Edmonton Alberta AB, T6J2W9, Canada.
4. Mrs.Sabah Bakhache, Aged about 43 years, W/o Mr.Antoine Bakhache, D/o Mr.Akbar MirzaKhaleeli R/a C/o Wilsa Malaysia, 60-F2-2, Plaza DamasaJalan, Kuala Lumpur, Malaysia.
5. Mrs.ReihanehYavar Dhala, Aged about 40 years, W/o Mr.M.Y.Dhala & D/o Mr.Akbar MirzaKhaleeli, R/a Villa Noor, 4/6, Casurina Drive, Neelankarai, Chennai – 600 041.
6. Ms.EsmathKhaleeli, Aged about 36 years, D/o Mr.Akbar MirzaKhaleeli, R/a No.26/2-1, Abshot Layout, Sankey Road, Bengaluru – 560 052.
7. Mr.Mirza Abdul KarimNamazie, Aged about 69 years, S/o late Mr.MirzaGhulamHussain Namazie, R/a No.81, Grange Raod, Singapore – 249 586. Respondent Nos.3 to 7 are represented by their Power of Attorney Holder Mr.Akbar MirzaKhaleeli, R/a No.26/2/1, AbshotLayout, Sankey Raod, Bengaluru – 560 052.
8. Mr.RohintonH.Rustumji, S/o late Mr.HomiRustomjee.
9. Mrs.PirujaH.Rustumji, W/o Mr.HomiRustomjee.
10. Mrs.FrenyRustumji, W/o Mr.RohintonH.Rustumji.
11. Mrs.BerozeP.Zal, W/o late P.Zal 12. Mr.NavrozeZal S/o late Mr.P.Zal Respondent Nos.8 to 12 are majors With address C/o M/s Rustumji Developments, G-15 & 16, Richmond Towers, 12, Richmond Road, Bengaluru – 560 025.
…Respondents (By Smt.Kusuma, Advocate for Sri.L.M.Chidanandayya, Advocate for C/R1 and 2) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 7th November 2018 passed by the XXXVIII Additional City Civil Judge, Bengaluru City in Arbitration Suit No.47 of 2012 on I.A.No.3, allow I.A.No.3 vide Annexure-C as prayed for and consequently permit the petitioners to come on record in arbitration suit No.47 of 2012 as respondents/defendants 13 and 14 and contest the suit and etc.
These Writ Petitions coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioners.
Smt.Kusuma, learned counsel for Sri.L.M.Chidanandayya, learned counsel for caveator/respondent Nos.1 and 2.
In view of the non compliance of the order dated 06.08.2019, the writ petitions are dismissed.
Sd/- JUDGE dn/-