IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.18547/2017 & WRIT PETITION NO.18758/2017 (GM-RES) BETWEEN:
1. SRI KRISHNA VISHWANATH MERAGU, S/O.VISHWANATH BAKKAYYA MERGU, AGED 35 YEARS, PLOT NO.49, OLD KUMBHARAL NAKA, ADARSHA NAGAR, SOLAPUR-413 003.
2. SRI VISHWANATH BAKKAYYA MERGU, S/O. BAKKAYYA MERGU, AGED 57 YEARS, PLOT NO.49, OLD KUMBHARAL NAKA, ADARSHA NAGAR, SOLAPUR-413 003. …PETITIONERS (BY SRI P. DHANANJAYA, ADV.) AND:
1. SRI MARIYAPPA, SOLE ARBITRATOR, M/S. MARIYAPPA ASSOCIATES, 7TH FLOOR, VOKKALIGARA BHAVAN, HUDSON CIRCLE, S.R.NAGAR, BANGALORE-560 001.
2. VISTAAR FINANCIAL SERVICES PRIVATE LIMITED, A NON-BANKING FINANCIAL INSTITUTION FINANCE COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT:
NO.9, 3RD CROSS, 37TH MAIN, KAS OFFICERS COLONY, BTM 2ND STAGE, BANGALORE-560 076, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. CHANDRASHEKAR M.G. …RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ARBITRAL AWARD DATED 21.07.2014 IN ARBITRATION PROCEEDINGS NO.39/2014 PASSED BY THE SOLE ARBITRATOR R-1 VIDE ANNEX-C.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners are before this Court assailing the award dated 21.07.2014 passed in the arbitration proceedings No.39/2014.
2. When an award of the present nature is passed by the Sole Arbitrator under the provisions of the Arbitration and Conciliation Act, 1996, the appropriate remedy for the petitioners to assail such an award is as provided under Section 34 of the Arbitration and Conciliation Act, 1996 and the writ petitions of the present nature is not maintainable nor can this Court exercise discretion to entertain the petition.
Hence, reserving such liberty to the petitioners, the petitions stand disposed of.
Sd/- JUDGE ST