IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.25633 OF 2016 (GM-RES) C/W WRIT PETITION NO.25630 OF 2016 (GM-RES) WRIT PETITION NO.25633 OF 2016 BETWEEN:
MR. RACHIT GARG S/O MR. AMRISH KUMAR AGARWAL AGED ABOUT 33 YEARS RESIDING AT #66, 2ND CROSS 5TH MAIN, 2ND BLOCK AYAPPANAGAR, K.R. PURAM BANGALORE-560036.
(By Mr. NARENDRA DEV H.N. ADV., (ABSENT)) AND:
1. M/S SOVEREIGN DEVELOPERS AND INFRASTRUCTURE LIMITED REP. BY ITS AUTHORISED PERSON MR. P.C. ROY GHATAK HAVING ITS REGISTEED OFFICE AT NO.16 & 17 S.D. COMPLEX JALADARSHINI LAYOUT NEW B.E.L. ROAD BANGALORE-560054.
2. MR. S M PATIL SOLE ARBITRATOR AGED MAJOR, RESIDING AT #1, "SAHNTHINEKETAN" 20TH R CROSS, BHUVANESHWARI NAGAR Page Nos. 1 to 5 are retyped and replaced Vide Chambers Order dated 27-02-2019 … PETITIONER HEBBAL KEMPAPURA BANGALORE-560024.
… RESPONDENTS (By Mr. HARISH KUMAR M.S. ADV., FOR R1 (ABSENT) V/O DTD 4-8-2016 NOTICE TO R2 D/W) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ARBITRAL PROCEEDING INITIATED BY THE R-1 AGAINST THE PETITIONER IN ARBITRATION CASE NO.169/2013, PENDING BEFORE THE R-2 ARBITRATOR INTIMATED TO THE PETITIONER VIDE ANNEX-O AND O1 [NOTICE DTD.10.7.2013 AND 7.11.2013] & ETC.
WRIT PETITION NO.25630 OF 2016 BETWEEN:
MR. NACHIKET SHRIKANT HARDAS S/O MR. SHRIKANT C. HARDAS AGED ABOUT 36 YEARS R/AT. FLAT No.102, No.74 SCION HABITAT, 1ST MAIN ROAD DOCTORS LAYOUT, KASTURI NAGAR BANGALORE-560043.
(By Mr. NARENDRA DEV H.N. ADV., (ABSENT)) AND:
1. M/S SOVEREIGN DEVELOPERS AND INFRASTRUCTURE LIMITED REP. BY ITS AUTHORISED PERSON MR. P.C. ROY GHATAK HAVING ITS REGISTEED OFFICE AT NO.16 & 17 S.D. COMPLEX JALADARSHINI LAYOUT NEW B.E.L. ROAD BANGALORE-560054.
2. MR. S M PATIL SOLE ARBITRATOR AGED MAJOR … PETITIONER RESIDING AT #1, "SAHNTHINEKETAN" 20TH R CROSS, BHUVANESHWARI NAGAR HEBBAL KEMPAPURA BANGALORE-560024.
… RESPONDENTS (By Mr. HARISH KUMAR M.S. ADV., FOR R1 (ABSENT) R2 SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ARBITRAL PROCEEDING INITIATED BY THE R-1 AGAINST THE PETITIONERS IN ARBITRATION CASE NO.147/2013, PENDING BEFORE THE R-2 ARBITRATOR VIDE ANNEXURE-P & P1 NOTICE DTD:27-9-2013 AND 7-11-2013 RESPECTIVELY & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the parties.
2. In this petition, the petitioner inter alia seeks fro the following reliefs:
a) issue a writ of certiorari or any other appropriate writ, order or direction quashing the arbitral proceeding initiated by the Respondent No.1 against the petitioner in Arbitration Case No.169/2013, pending before the Respondent No.2 Arbitrator intimated to the petitioner vide Annexure O and O1 (Notice dated July 10, 2013 and November 07, 2013).
b) Award costs of the captioned proceedings.
c) Pass such other or further order as this Hon’ble Court deems fit and appropriate given the facts and circumstances of the case.
3. From perusal of the record, it appears that the petitioner is seeking stay of the arbitral proceedings initiated by respondent No.1 against the petitioner in arbitration case No.169/2013. The writ petition is pending before this Court since, 2016 in which no interim order has been passed. It appears, by now the arbitral proceedings must have come to an end. Therefore, no useful purpose would be served by keeping the case pending. Accordingly, the writ petition is disposed of with a liberty to the petitioner to seek revival of the this writ petition in case arbitral proceedings between the parties are still pending.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS