IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22875 OF 2019(GM-RES) Between:
Sri Gundabolu Venkata Koteshwara Rao S/o G.Hanumantha Rao Aged about 52 years No.106, Flat No.226, Pearl Residency, SMS Garden, 5th Phase, JP Nagar, Bengaluru-560 78.
(By Sri.Amshith Hegde H.S., Advocate) And:
1. M/s. Reliance Capital Ltd., No.37, 3rd Floor, Bharmananda Court, Lalbagh Road, Bengaluru-560 027 Represented by its Power of Attorney Holder Mr.Appaji Gowda.
2. G.Madhavi Aged about 50 years D/o Krishnamurthy No.106, Flat No.226, Pearl Residency, SMS Pearl Residency SMS Garden, 5th Phase, JP Nagar, … Petitioner Bengaluru-560 078.
Also at:- No.409, Adiga Building, Opp. Corporation Park, Wilson Garden, Bengaluru-560 027.
…Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for records and set aside the order dated 19.10.2018 passed by the sole arbitrator Mumbai; call for records and set aside the order dated 05.1.2019 and 22.4.2019 (Annexur-A) in Execution Case No.131/2017 on the file of City Civil Judge (CCH-31) at Bengaluru and etc., This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Amshith Hegde H.S., learned counsel for the petitioner.
2. In this petition under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of order dated 05.01.2019 and 22.04.2019 passed in Execution Case No.131/2017 by which warrant of attachment has been issued against the petitioner.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the award was passed ex-parte against the petitioner and the petitioner has not even been supplied with a copy of the award. It is further submitted that being aggrieved, the petitioner preferred objections before the Executing Court. However, the same has not been adjudicated by the Executing Court.
4. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with a direction to the Executing Court to adjudicate the objections preferred by the petitioner in accordance with law by a speaking order before proceeding further with the matter.
Sd/- JUDGE dn/-