IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.316 OF 2018 BETWEEN:
1. SRI. V.R. RAGHU RAMABHATTAR S/O. LATE RAGHAVABHATTAR AGED 46 YEARS 2. SMT. SRILAKSHMI W/O. V.R. RAGHU RAMABHATTAR AGED 43 YEARS 3. MISS. RAMYA SHREE D/O. V.R. RAGHU RAMABHATTAR AGED 24 YEARS 4. MR. SANKARSHANA VINAY V.R. S/O. V.R. RAGHU RAMABHATTAR AGED 19 YEARS PETITIONERS NO.1 TO 4 ARE RESIDING AT VASANTHAPURA SUBRAMANYA PURA POST BENGALURU-560 061.
5. MR. V.R. MUKUNDA S/O. LATE RAGHAVABHATTAR AGED 43 YEARS 6. SMT. USHARANI W/O. V.R. MUKUNDA AGED 37 YEARS 7. MR. VISHNURAGHAVA S/O. V.R. MUKUNDA AGED 15 YEARS 8. MR. KOUSHAL S/O. V.R. MUKUNDA AGED 9 YEARS PETITIONERS NO. 7 & 8 ARE MINORS REPRESENTED BY THEIR FATHER, V.R. MUKUNDA AS NATURAL GUARDIAN PETITIONERS NO.5 TO 8 ARE RESIDING AT J.P. NAGAR 7TH PHASE, PUTTENAHALLI BENGALURU-560 078 9. MR. V.R. SUDARSHAN S/O. LATE RAGHAVABHATTAR AGED 41 YEARS REPRESENTED BY HIS REGISTERED GPA HOLDER V.R. MUKUNDA S/O. LATE SRI RAGHAVABHATTAR AGED 43 YEARS J.P. NAGAR, 7TH PHASE PUTTENAHALLI BEGNALURU-560 078.
10. MR. VISISTA RAGHAVA S/O. V.R. SUDARSHAN AGED 12 YEARS 11. MR RUKMINIBHAVANA S/O. V.R. SUDARSHAN AGED 13 YEARS PETITIONERS NO.10 & 11 ARE MINORS REPRESENTED BY THEIR FATHER V.R. SUDARSHAN AS NATURAL GUARDIAN REP. BY HIS GPA HOLDER V.R. MUKUNDA S/O. LATE SRI RAGHAVABHATTAR AGED 43 YEARS J.P. NAGAR, 7TH PHASE PUTTENAHALLI BENGALURU-560 078.
PETITIONERS NO. 9 TO 11 ARE R/AT VASANTHA PURA SUBRAMANYA PURA MAIN ROAD BENGALURU-560 061.
12. SMT SOWMYALAKSHMI M. W/O. M.G. VIJAYASARATHY & D/O. LATE RAGHAVABHATTAR AGED 39 YEARS R/AT NO.41 SRI RANGANATHA LAYOUT DRDO PHASE II BEHIND MAHADEVAPURA BENGALURU-560 048. ... PETITIONERS (BY SRI RANGARAMU V., ADV.) AND 1. PRABHAVATHI BUILDERS AND DEVELOPERS PRIVATE LIMITED REGISTERED COMPANY OFFICE AT NO.27/89 4TH B CROSS, 30TH MAIN BTM, 2ND STAGE BENGALURU-560 076.
2. SRI. B.E. PRAVEEN KUMAR S/O. MR EKAMBARAM AGED ABOUT 32 YEARS THE MANAGING DIRECTOR OF PRABHAVATHI BUILDERS AND DEVELOPERS PRIVATE LIMITED R/AT NO.80, 2ND FLOOR 1ST CROSS, 2ND MAIN VYSYA BANK GRUHA NIRMANA SAHAKARA SANGA LAYOUT NEAR RELIANCE FRESH BTM, 2ND STAGE BENGALURU-560 076 3. MR. MANOHAR K.P. AGED ABOUT 36 YEARS THE GPA HOLDER OF PRABHAVATHI BUILDERS AND DEVELOPERS PRIVATE LIMITED C/O. ADDRESS:PRABHAVATHI BUILDERS AND DEVELOPERS PRIVATE LIMITED REGISTERED COMPANY OFFICE AT NO.27/89 4TH B CROSS, 30TH MAIN BTM 2ND STAGE BENGALURU-560 076. ... RESPONDENTS THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(4,5,6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A) PERMIT/GIVE THE LIBERTY TO THE PETITIONERS TO FILE THE ORIGINAL CIVIL SUIT FOR CANCELLATION OF REGISTERED DEEDS OF JOINT DEVELOPMENT AGREEMENT DATED: 06.03.2014 AND GENERAL POWER OF ATTORNEY DATED: 06.03.2014 IN TERMS OF CLAUSE 17.1 AND CLAUSE 22 OF JOINT DEVELOPMENT AGREEMENT DATED: 06.03.2014. BEFORE THE HON'BLE CITY CIVIL AND SESSION JUDGE, BENGALURU AND ETC.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Rangaramu V., learned counsel for petitioners.
2. After arguing the matter to some extent, learned counsel for the petitioners seeks leave of this Court to withdraw the petition with liberty to the petitioners to take recourse to such remedy as may be available to them under law.
Accordingly, the civil miscellaneous petition is dismissed as withdrawn with liberty as aforesaid.
Sd/- JUDGE ST