IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.71-72 OF 2019 (GM-RES) BETWEEN:
1. V.Srinivasa Raju, Aged about 63 years, S/o. Late Varadaraju, 2. Mrs.Revathi Raju, Aged about 56 years, W/o.V.Srinivasa Raju, Both are R/at No.12, 10th Main Road, RMV Extension, Sadashivnagar, Bengaluru-560 080.
(By Sri.K.S.Ramu, Advocate) AND:
… Petitioners M/s. Canara Nidhi Limited, Regd. Office Syndicate House, Manipal-576 104. Rep. by its GPA Holder Sri.Balakrishna Nayak. … Respondent These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the award dated 13.01.2001 passed by the Hon’ble Arbitrator Sri.A.S.N.Hebbar in A.P.No.204/2000 (vide Annexure-A) and etc., These Writ Petitions coming on for Orders this day, the Court made the following:-
ORDER Sri.K.S.Ramu, learned counsel for the petitioners.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
2. Heard the learned counsel for the petitioners.
3. In these petitions, the petitioners seek quashment of the award dated 13.01.2001 passed by the Arbitrator and the execution proceedings in Ex.No.2698/2010 initiated for the execution of the aforesaid award.
4. When the matter was taken up today, learned counsel for the petitioners submitted that being aggrieved by the impugned award, the petitioners had filed an appeal under Section 34 of the Arbitration and Conciliation Act, 1996. However, the aforesaid appeal was dismissed as barred by limitation. It is further submitted that the principal borrower is making payment of the amount due to financial institutions. Therefore, in the execution proceedings, the petitioners, who are guarantors have been unnecessarily impleaded. It is further submitted that being aggrieved, the petitioners have filed objections before the Execution Court. However, the aforesaid objection is not being decided. It is further submitted that the writ petitions be disposed of with a direction to the Execution Court to decide the objection preferred by the petitioners by a speaking order in a time bound manner.
5. In view of the aforesaid submission and in the facts of the case, it is directed that the Execution Court shall decide the objections, if any, filed by the petitioners by a speaking order within a period of four weeks from the date of receipt of the certified copy of the order passed today, after affording an opportunity of hearing to the petitioners, before proceeding further against the petitioners.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE dn/-