IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28160 OF 2019(GM-RES) BETWEEN:
1. M/S RUSTUMJI DEVELOPMENTS A PROPRIETORSHIP CONCERN, REPRESENTED BY ITS PROPRIETOR, MR.N.H.RUSTUMJI, AGED 74 YEARS, NO.G-15 & 16, RICHMOND TOWERS, NO.12, RICHMOND ROAD, BANGALORE – 560 025.
2. MR N H RUSTUMJI SON OF HOMIRUSTUMJI, PROPRIETOR, M/S RUSTUMJI DEVELOPMENTS, NO.G-15 & 16, RICHMOND TOWERS, NO.12, RICHMOND ROAD, BANGALORE – 560 025.
… PETITIONERS (BY SRI.L.M. CHIDANADAYYA, ADVOCATE) AND:
1. MS ZEEBUNDEH KHALEELI WIFE OF MR. WUSOOQ KHALEELI, RESIDING AT NO.11431, 35TH AVENUE EDMONTON, ALBERTA, AB, T6J 2W9, CANADA.
2. MS SABAH BAKHCHE WIFE OF MR.ANTOINE BAKHACHE AGED 49 YEARS RESIDING AT C/O WILSA, 60-F2-2, PLAZA DAMSAJALAN, KUALA LUMPUR, MALAYSIA 3. MS REIAHANEH YABAR DHALA AGED ABOUT 48 YEARS, WIFE OF MR. M. Y. DHALA, RESIDING AT VILLA NOOR 4/6, CASURINA DRIVE, NEELANKARI, CHENNAI 600041.
4. MS ESMATH KHALEELI D/O MR.AKBAR MIRZAKHALEELI, RESIDIGN AT NO.26/2-1, ABSHOT LAYOUT, SANKEY ROAD, BANGALORE-560052.
5. MS MIRZA ABDUL KARIM NAMAZIE SON OF LATE MR.MIRZA GHULAM HUSSAIN, AGED ABOUT 75 YEARS, RESIDING AT NO.81, GRANGE ROAD, SINGAPORE – 259 586, RESPONDENT NOS.1 TO 5 RESPRESENTD BY POWER OF ATTORNEY HOLDER, MR. AKBAR MIRZAKHALEELI, RESIDING AT NO.26/2-1, ABSHOT LAYOUT, SANKEY ROAD, BANGALORE – 560 052.
…RESPONDENTS (BY SRI. P.B.ANAIAH, ADVOCATE FOR R1 TO R3; SRI. S.V. GANESH, AVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING THE ORDER ANNEXURE-A DATED 14.06.2019 PASSED BY THE ADDITIONAL CITY CIVIL SESSIONS JUDGE (COMMERCIAL COURT) AT BENGALURU IN COM. A.S.NO.47/2012 ON I.A.NO.7 FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT READ WITH RULE 4(B) OF THE HIGH COURT OF KARNATAKA (ARBITRATION PROCEEDINGS BEFORE THE COURT) RULES AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. L. M. Chidanadayya, learned counsel for the petitioners.
Sri. P.B. Anaiah, learned counsel for respondent Nos.1 to 3.
Sri. S. V. Ganesh, learned counsel for respondent Nos.4 and 5.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. After arguing the matter to some extent, learned counsel for the petitioners submits that the writ petition be disposed of with a direction to the trial Court to dispose of the proceedings in arbitration suit in A.S. No.47/2012 in a time bound manner. The aforesaid prayer is not fairly opposed by learned counsel for the respondents.
3. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the trial Court to conclude the proceedings in Arbitration Suit No.47/2012 within a period of four months from the date of receipt of certified copy of the order passed today.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-