IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.46224/2017 AND WRIT PETITION NO.46759/2017(GM-CPC) BETWEEN:
1. M/S MANVENDRA INFRASTRUCTURE & DEVELOPERS, A PARTNERSHIP FIRM OFFICE AT NO.3/1, 1ST FLOOR, 5TH MAIN, KHM BLOCK, R.T.NAGAR MAIN ROAD, BENGALURU-560032.
REPRESENTED BY ITS PARTNER, MR.B.P.SANJEEVA RAYADU.
2. MR. B. P. SANJEEVA RAYADU, AGED ABOUT 51 YEARS, S/O.LATE B.ESHWARAPPA, NO.3/1, 1ST FLOOR, 5TH MAIN, KHM BLOCK, R.T.NAGAR MAIN ROAD, BENGALURU-560032.
... PETITIONERS (BY SRI R.A. CHANDRASHEKAR REDDY, ADVOCATE FOR SRI DWARAKANATH H. S., ADVOCATE) AND:
1. MR. P. VENKATESULU, AGED ABOUT 53 YEARS, S/O.MR.P.BHEEMAPPA, RESIDENT OF KAKARLATHOTA VILLAGE, BELLARY-583101.
2. MR. K. MALLIKARJUNA, AGED ABOUT 42 YEARS, S/O.LATE K.BASAPPA, RESIDING AT KAKARLATHOTA, BELLARY-583101.
3. MR. H. P. MOHAN KUMAR, AGED ABOUT 48 YEARS, S/O.LATE.R.PRABHAKAR, RESIDING AT NO.502, STERLING APARTMENT, PAPANNA STREET, ST.MARKS ROAD, BENGALURU-560001.
4. MR. B. K. B. N. MURTHY, AGED ABOUT 48 YEARS, S/O.MR.B.K.SHIVASHANKARA SHASTRY, RESIDING AT NO.GF-03, EVEREST ENCLAVE.
BESIDE BEML 5TH STAGE BUS STOP, RAJARAJESWARI NAGAR, BENGALURU-560098.
5. MRS. B. RADHA, AGED ABOUT 45 YEARS, W/O MR.B.P.SANJEEVA RAYUDU, NO.3/1, 1ST FLOOR, 5TH MAIN, KHM BLOCK, R.T.NAGAR MAIN ROAD, BENGALURU-560032.
... RESPONDENTS **** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE TRIAL COURT TO DISPOSE OF I.A.2 FILED IN O.S.5756/2016 ON THE FILE OF THE ADDITIONAL CITY CIVIL JUDGE, BENGALURU UNDER SECTION 8 OF THE ARBITRATION AND CONCILIATION ACT, 1996 EXPEDITIOUSLY WITHIN A FIXED PERIOD OF TIME ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R After arguing the matter for some time, learned counsel for the petitioners seeks for withdrawal of the writ petitions with liberty to approach the trial Court to pursue I.A. No.II filed under Section 8 of the Arbitration & Conciliation Act, 1996.
2. Learned counsel for the petitioners filed memo for withdrawal of the writ petitions today in the open Court. The memo dated 24.10.2017 is placed on record.
3. Accordingly, the Writ Petitions are dismissed as withdrawn with liberty to the petitioners to approach the trial Court to pursue I.A. No.II. If they do so, I hope and trust the trial Court will consider and pass orders on I.A. No.II filed under Section 8 of the Arbitration & Conciliation Act, 1996 as expeditiously as possible in accordance with law.
Sd/-
JUDGE Gss/-