IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA CIVIL MISCELLANEOUS PETITION NO.130 OF 2019 BETWEEN:
SRI.INDERJIT NAHAR, SON OF 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, ADV.,) AND:
SRI.V.SATISH KUMAR, SON OF VENKATESHAPPA, AGED ABOUT 37 YEARS, RESIDING AT NO.79-A, GROUND FLOOR, 5TH MAIN, 1ST CROSS, POSTAL COLONY, SANJAYNAGAR, BANGALORE – 560 094. …RESPONDENT THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO a) APPOINT A SOLE ARBITRATOR IN TERMS OF SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996 TO ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PARTIES, AS PROVIDED IN THE AGREEMENT/LEASE DEED DATED 09.02.2017 AS PER ANNEXURE – A.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R After arguing the matter for some time, Sri K.S.Harish, learned counsel for the petitioner fairly submits that in view of the dicutm of the Hon’ble Supreme Court in the case of HIMANGNI ENTERPRISES Vs. KAMALJEET SINGH AHLUWALIA – (2017) 10 SCC 706, the civil misscellaneous petition may be disposed of as withdrawn with liberty to the petitioner to avail alternative remedy available in accordane with law and to that effect he has filed a memo.
2. The memo is placed on record.
Accordingly, the Civil Misscellaneous Petition is disposed of as withdrawn with liberty as prayed for.
Sd/- JUDGE HJ