IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.1887 OF 2015 BETWEEN:
1. Sri. Pawan Kumar Agarwal, S/o. Sathyanarayanadas Agarwal, Aged 40 years, 2. Smt. Pinky Agarwal, W/o. Pawankumar Agarwal, Aged 35 years, Both are residing at No.1/1, II Floor, 16th Cross, Lakkasandra, Bengaluru – 560 030. …Petitioners (By Sri. H. Ramachandra, Advocate) AND:
Sri. K. Srinivas, S/o. Sri. Manikyam, Aged about 45 years, Residing at No.28, I Floor, I ‘B’ Main Road, Sudhamanagar, Bengaluru – 560 027. ...Respondent (By Sri. B.T. Prasanna Kumar, Advocate) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to set aside the order passed on 05.03.2015 in C.C.No.8368/2014 on the interim application filed under Section 8 of the Arbitration and Conciliation Act, 1996, and refer the dispute to the Arbitrator as per the clause in the Registration of Partnership Deed dated 30.06.2007 – Annexure – A.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioners are aggrieved by the order passed by the learned XX Addl. Chief Metropolitan Magistrate dated 05.03.2015 in C.C.No.8368/2014 refusing to refer the parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.
2. By virtue of Section 37 of the said Act, the impugned order is an appealable order. Hence, reserving liberty to the petitioners to exhaust the remedy available under the Act, petition is disposed of.
The benefit of interim order granted to the petitioners is extended for a further period of 30 days from today.
Sd/- JUDGE SV