IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WP NO.16716/2017 (GM-KEB) BETWEEN:
M/S. RAJASEKHAR & ASSOCIATES A REGISTERED PARTNERSHIP CONCERN, HAVING ITS OFFICE AT UNIT NO.201, LANDMARK PLAZA, NO.299, LANGFORD ROAD, BENGALURU-560 025 REPRESENTED BY ITS MANAGING PARTNER, SRI N. SATYANARAYAN, AGED ABOUT 68 YEARS, S/O. LATE T. NAGENDRA RAO (BY SRI ABHINAV R. FOR SRI S. SUBHASH, ADVOCATE) AND 1. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED, CA NO.29, KAVERI GRAMEENA BANK ROAD, VIJAYANAGAR, 2ND STAGE, HINKAL, MYSURU-570 017 REPRESENTED BY ITS MANAGING DIRECTOR 2. GENERAL MANAGER (RE-DESIGNATED & EARLIER KNOWN AS SUPERINTENDING ENGINEER) ... PETITIONER ELECTRICITY SUPPLY CORPORATION LIMITED CA NO.29, KAVERI GRAMEENA BANK ROAD, VIJAYANAGAR, 2ND STAGE, HINKAL, MYSURU-570 017 (BY PRADEEP DARAK, FOR SRI S. SRIRANGA, ADVOCATE) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OFFICIAL MEMORANDUM DTD.15.03.2017 ISSUED BY R2 AT ANNEXURE-J TO THE WRIT PETITION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner has filed a memo submitting that in view of O.S. No.501/2018 filed by the respondent against the petitioner herein before the competent Civil Court and the proceedings initiated by the petitioner in case Nos.186/2018 and 1/2019 against the respondents before the Superintending Engineer, Micro and Small Enterprises Facilitating Council, the writ petition does not survive for consideration.
2. The memo is placed on record.
3. Learned counsel for the respondents would submit that official memorandum dated 15.03.2017 at Annexure-J impugned herein is not an award under the provisions of the Arbitration and Conciliation Act and the same cannot be enforced. Hence, recovery proceedings are initiated by the respondents against the petitioner before the Competent Civil Court.
4. In view of the aforesaid, the writ petition stands dismissed as having become infructuous keeping open all rights and contentions of the parties for adjudication before the Competent Court/Authority.
Sd/- JUDGE Sbs