IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.362 OF 2018 BETWEEN:
1. MR. SHREANS DAGA S/O. LATE PRAMOD DAGA AGED 44 YEARS DAGA HOUSE, KOTHI BAZAR BETUL, MADHYA PRADESH-460 001.
PRESENTLY R/AT D7, 17TH FLOOR MITTAL GRANDEUR, KHATAU ROAD CUFFE PARADE MUMBAI-400 005.
2. MR. NIRAJ DAGA S/O. VINODKUMAR HARAKCHAND DAGA AGED 42 YEARS DAGA HOUSE, KOTHI BAZAR BETUL, MADHYA PRADESH-460 001 PRESENTLY R/AT CLUSTER 22, VILLA 15 393(W-SUBMETER) JUMEIRAHISLANDS AL TANYAH FIFTH, P.O.BOX 28429.
DUBAI UAE.
3. MR KAUSHIK DAGA S/O. PARSHVA KUMAR DAGA, AGED 36 YEARS, DAGA HOUSE, KOTHI BAZAR BETUL, MADHYA PRADESH-460 001.
PRESENTLY R/AT FLAT NO.4301, 43RD FLOOR, SOUTH TOWER IMPERIAL TOWERS M.P. MILLS COMPOUND NEXT TO MAHENDRA HEIGHTS, TARDO, MUMBAI-400 034.
4. MR. VARUN DAGA S/O. LATE PRAMOD DAGA, AGED 33 YEARS, DAGA HOUSE, KOTHI BAZAR BETUL, MADHYA PRADESH-460 001.
PRESENTLY R/AT C-207/208 ASHOK TOWERS CHSL DR.S.S.RAO ROAD PAREL, MUMBAI-400 012.
5. MRS. RASHI DAGA D/O. HASTI MAL JAIN AGED 38 YEARS R/AT C-207/208 ASHOK TOWERS CHSL DR.S.S. RAO ROAD PAREL, MUMBAI-400 012.
PETITIONERS ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER MR. ABHINAYA KULKARNI S/O. PRAKASH G. KULKARNI AGED 31 YEARS R/AT 403 ADONIS ADONIS AGUSTUS CHS LTD. DEONAR PADA ROAD NEAR TELECOM FACTORY DEONAR, MUMBAI-400 088. ... PETITIONERS (BY SRI MANMOHAN P.N., ADV.) AND I.B.M. INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT-1956 HAVING ITS REGISTERED OFFICE AT NO.12, SUBRAMANYA ARCADE BANNERGHATTA MAIN ROAD BANGALORE-560 029. AND OFFICE AT LEVEL 3 BLOCK-A, EMBASSY GOLF LINKS BUSINESS PARK BANGALORE-560 071. ... RESPONDENT THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO ALLOW THIS PETITION AND APPOINT AN ARBITRATOR FOR AND ON BEHALF OF THE RESPONDENT AS PER CLAUSE 13.08 OF THE SHARE PURCHASE AGREEMENT DATED: 26.10.2016 (PRODUCED AS ANNEXURE-"A") AND PASS SUCH OTHER ORDERS AS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioners has filed a memo dated 14.02.2019 seeking leave of this Court to withdraw the petition with liberty to file a fresh petition. The aforesaid memo is taken on record.
Accordingly, the petition is dismissed as withdrawn with liberty as aforesaid.
Sd/- JUDGE ST