IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No.46240 OF 2019 (GM-CPC) BETWEEN SRI INDERJIT NAHAR S/O LATE HARAK CHAND AGED ABOUT 64 YEARS RESIDING AT NO.T-1 VASTU NIRVAN APARTMENTS NO.26, RAILWAY PARALLEL ROAD NEHRU NAGAR BANGALORE ... PETITIONER (BY SRI K.S.HARISH, ADVOCATE) AND SRI V.SATISH KUMAR S/O VENKATESHAPPA AGED ABOUT 37 YEARS RESIDING AT NO.79-A GROUND FLOOR, 5TH MAIN 1ST CROSS, POSTAL COLONY, SANJAYNAGAR BANGALORE – 560 094 ... RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH V/O DATED 09.10.2019) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT EXPEDITIOUS DISPOSAL OF THE APPLICATION IN I.A.NO.3 FILED BY THE PETITIONER U/S 8 OF THE ARBITRATION AND CONCILITATION ACT, 1996 IN O.S.NO.7549/2018 BY II ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-6).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner being the defendant in an injunctive suit in OS.No.7549/2018 is invoking the writ jurisdiction of this Court for seeking a direction to the learned trial Judge to take up his application filed under Section 8 of the Arbitration and Conciliation Act, 1996 for early consideration and disposal.
2. Regard being had to innocuous nature of the prayer in the writ petition and to the availability of opportunity to the other side for full participation in the suit proceedings, notice to respondent is dispensed with.
In the above circumstances, this writ petition is disposed off, directing the learned XXIV Additional City Civil Judge, Bengaluru to take up petitioner’s application in I.A.No.3 filed under Section 8 of the Arbitration and Conciliation Act, 1996, after hearing all the stake holders in accordance with law and within a period of six weeks, from the date a copy of this order is filed on record.
All contentions of the parties have been kept open.
Sd/- JUDGE KTY