IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE W.P. NO.39952 OF 2016 (GM-CPC) C/W M.F.A. NO.4934 OF 2016 WRIT PETITION NO.39952 OF 2016 BETWEEN:
PEBBLE BAY DEVELOPERS PVT. LTD. FORMERLY KNOWN AS GALLERIA DEVELOPERS PVT. LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT RAHEJA CHAMBERS LINKING ROAD AND MAIN AVENUE SANTACRUZ WEST, MUMBAI 400054 AND BRANCH OFFICE AT J.W. MARRIOT-BENGALURU, LEVEL-1 24/1, VITTAL MALLYA ROAD BANGALORE 560001 REPRESENTED BY ITS DIRECTOR MR. ADITYA RAHEJA. … PETITIONER (By Mr. AJESH KUMAR S, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BANGALORE-560001.
2. THE STATION HOUSE OFFICER MADIVALA POLICE STATION BANGALORE-560068.
3. N. ANAND S/O LATE NAGARAJ AGED 43 YEARS.
4. SRI N K SUNDER S/O LATE S NAGARAJ AGED 39 YEARS.
5. SRI N ARVIND S/O LATE S NAGARAJ AGED 36 YEARS.
6. SMT N AMITHA W/O R BALAJI RAO NARNUR D/O LATE S NAGARAJ AGED 40 YEARS REPRESENTED BY HER GPA HOLER N K SUNDER ALL ARE RESIDING AT 28, 8TH CROSS VENKATAPURA VILLAGE KORAMANGALA POST BANGALORE-560035.
7. PANCHAMUKHI INVESTMENTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, AND HAVING ITS REGISTERED OFFICE AT NO.54/28, K S GARDEN 4TH CROSS, LALGAH ROAD BANGALORE-560027 REP. BY ITS MANAGING DIRECTOR.
8. DUO ASSOCIATES (BUILDERS) PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE NO.28, ULSOOR ROAD BANGALORE-560042 REPRESENTED BY ITS DIRECTOR SRI A M SHARATH CHANDRA.
9. DUE ASSOCIATES A PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO.28, ULSOOR ROAD BANGALORE-560042 REPRESENTED BY ITS PARTNER SRI AM SHARATH CHANDRA.
10. SRI VENKOJI RAO S/O LATE SRINIVASA RAO AGED ABOUT 59 YEARS RESIDING AT # 28, 8TH CROSS VENKATAPURA VILLAGE KORAMANGALA POST BANGALORE-560035.
11. SRI S NARAHARI RAO S/O LATE SRINIVASA RAO AGED ABOUT 54 YEARS RESIDING AT # 28 , 8TH CROSS VENKATAPURA VILLAGE KORAMANGAL POST BANGALORE-560035.
… RESPONDENTS (By Ms. PRATHIMA HONNAPURA, AGA FOR R1 & R2 Mr. M.S. VARADARAJAN, ADV., FOR R4 R3, R10 & R11 – SERVED AND UNREPRESENTED) - - -
This Writ Petition is filed under Article 227 of the Constitution of India, praying to quash the order dated 4.12.2015 in I.A.No.9 as per Annexure-A issued by the Court of XLIII Addl. City Civil & Sessions Judge, Bangalore City (CCH-44) and etc.
M.F.A. NO.4934 OF 2016 BETWEEN:
PEBBLE BAY DEVELOPERS PVT LTD FORMERLY KNOWN AS GALLERIA DEVELOPERS PVT. LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT RAHEJA CHAMBERS LINKING ROAD AND MAIN AVENUE SANTACRUZ WEST, MUMBAI 400 054 AND BRANCH OFFICE AT J.W. MARRIOT-BENGALURU, LEVEL-1 24/1, VITTAL MALLYA ROAD BANGALORE-560 001 REPRESENTED BY ITS DIRECTOR MR. ADITYA RAHEJA.
(By Mr. AJESH KUMAR S, ADV.) AND:
1. N ANAND S/O LATE NAGARAJ AGED 47 YEARS.
2. SRI N.K. SUNDER S/O LATE S NAGARAJ AGED 43 YEARS.
3. SRI N ARVIND S/O LATE S NAGARAJ AGED 40 YEARS.
4. SMT. N. AMITHA W/O R BALAJI RAO NARNUR D/O LATE S NAGARAJ AGED 40 YEARS REP. BY HER GPA HOLDER N K SUNDER ALL ARE R/AT 28, 8TH CROSS VENKATAPURA VILLAGE KORAMANGALA POST BANGALORE-560 035.
… APPELLANT 5. PANCHAMUKHI INVESTMENTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO.54/28, K.S. GARDEN 4TH CROSS LALGAH ROAD, BANGALORE-560 027.
6. DUO ASSOCIATES (BUILDERS) PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE NO.28, ULSOOR ROAD BANGALORE-560 042 REP. BY ITS DIRECTOR SRI AM SHARATH CHANDRA.
7. DUE ASSOCIATES A PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO.28, ULSOOR ROAD BANGALORE-560 042 REP. BY ITS PARTNER SRI. AM SHARATH CHANDRA.
8. SRI VENKOJI RAO S/O LATE SRINIVASA RAO AGED ABOUT 63 YEARS R/AT # 28, 8TH CROSS VENKATAPURA VILLAGE KORAMANGAL POST BANGALORE-560 035.
9. SRI .S. NARAHARI RAO S/O LATE SRINIVASA RAO AGED ABOUT 58 YEARS R/AT 28, 8TH CROSS VENKATAPURA VILLAGE KORAMANGAL POST BANGALORE-560 035.
… RESPONDENTS (By Mr. M.S. VARADARAJAN, ADV., FOR R2 R1, R3, R4 – SERVED AND UNREPRESENTED R5 TO R9 DELETED) - - -
This MFA is filed under order 1(r) of the CPC, against the order dated 04-03-2014 passed on IA No.1 in OS No.5750/11 on the file of the XLIII Additional City Civil & Sessions Judge, Bengaluru, allowing IA No.1 filed U/O. 39 Rule 1 & 2 of CPC & etc.
This Writ Petition and MFA coming on for Orders this day, the Court made the following:-
ORDER Mr.Ajeesh Kumar S., learned counsel for the petitioner.
Smt.Prathima Honnapura, learned Additional Government Advocate for respondents 1 & 2.
Mr.M.S.Varadarajan, learned counsel for respondent No.4.
Learned counsel for the appellant in M.F.A.No.4934/2016 has filed a memo seeking deletion of respondent Nos.5 to 9. Accordingly, the names of respondent Nos.5 to 9 are deleted.
2. Learned counsel for the parties have produced a compromise petition.
3. Respondents 1 to 4 as well as the representatives of the petitioner are present.
4. Learned counsel for the parties jointly submit that the parties have arrived at amicable settlement on the terms and conditions recorded in the memo of compromise.
5. In view of the compromise arrived at between the parties, the Writ Petition in Miscellaneous First Appeal is disposed of.
The compromise petition is transmitted to the record of Trial Court. On the basis of the compromise arrived at between the parties, the Trial Court shall pass appropriate decree.
Sd/- JUDGE SS