IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr. JUSTICE B.VEERAPPA CIVIL MISCELLANEOUS PETITION NO.77/2017 C/w CIVIL MISCELLANEOUS PETITION NOs.78/2017 AND 79/2017 IN CMP NO.77/2017:
BETWEEN:
MR.VINAY KUMAR KAPOOR, S/O.MR.RAJ KUMAR KAPOOR, AGED ABOUT 61 YEARS, R/AT 18-19, JOCKEY’S FIELDS, LONDON WCIR 4BW, UNITED KINGDOM.
ALSO AT:
#1/12, IRIS C-3, JASMINE STREET VATIKA CITY, SEC 49, SOHNA ROAD, GURGAON-122018, INDIA. ... PETITIONER (BY MS.VARUNI MOHAN, ADVOCATE FOR SRI.NIKHILESH RAO.M, ADVOCATE) AND:
EMBASSY ONE DEVELOPERS PVT. LTD., (ERSTWHILE CITY VIEW BANGALORE PROPERTIES PVT LTD., HAVING ITS REGISTERED OFFICE THEN AT FLOOR 4, BELAIR DRIVE, 9 BELLARY ROAD, BENGALURU - 560 032), A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT 1ST FLOOR, EMBASSY POINT, 150 INFANTRY ROAD, BENGALURU - 560 001, KARNATAKA, INDIA.
REPRESENTED HEREIN BY ITS DIRECTOR MR. A.T.GOPINATH. ... RESPONDENT (BY SRI.SOMANNA.C.P, ADVOCATE FOR SRI.SURAJ GOVINDRAJ, ADVOCATE) THE CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (A) APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON ALL CLAIMS AND DISPUTES OF THE PETITIONER AND THE RESPONDENT, PERTAINING TO THE SCHEDULE ‘B’ AND ‘C’ PROPERTIES UNDER THE AGREEMENTS READ WITH THE AFORESAID LETTER OF 01/08/2012, PURSUANT TO CLAUSE 15 OF THE AGREEMENT TO SELL AND CLAUSE 10 OF THE CONSTRUCTION AGREEMENT (ANNEXURE ‘A’ AND ANNEXURE ‘B’); (B) AWARD COSTS; AND (C) GRANT SUCH OTHER RELIEFS AS THIS HON’BLE HIGH COURT MAY DEEM FIT IN THE INTERESTS OF JUSTICE AND EQUITY.
IN CMP NO.78/2017:
BETWEEN:
1. MR.NEIL KAPOOR, S/O.MR.VINOD KUMAR KAPOOR, AGED ABOUT 39 YEARS, R/AT M-26, GREATER KAILASH PART 2, NEW DELHI-110 048, INDIA.
2. MS.PUNAM KAPOOR, W/O.MR.VINOD KUMAR KAPOOR, AGED ABOUT 63 YEARS, R/AT 10, EXECUTIVE DRIVE, GORMLEY ONTARIO, LOH 160, CANADA, REPRESENTED HEREIN BY POWER OF ATTORNEY HOLDER, MR.NEIL KAPOOR. ... PETITIONERS (BY MS.VARUNI MOHAN, FOR SRI.NIKHILESH RAO.M, ADVOCATE) AND:
EMBASSY ONE DEVELOPERS PVT. LTD., (ERSTWHILE CITY VIEW BANGALORE PROPERTIES PVT LTD., HAVING ITS REGISTERED OFFICE THEN AT FLOOR 4, BELAIR DRIVE, 9 BELLARY ROAD, BENGALURU - 560 032), A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT 1ST FLOOR, EMBASSY POINT, 150 INFANTRY ROAD, BENGALURU - 560 001. KARNATAKA, INDIA, REPRESENTED HEREIN BY ITS DIRECTOR SHRI. A.T.GOPINATH. ... RESPONDENT (BY SRI.SOMANNA.C.P, ADVOCATE FOR SRI.SURAJ GOVINDRAJ, ADVOCATE) THE CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (A) APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON ALL CLAIMS AND DISPUTES OF THE PETITIONERS AND THE RESPONDENT, PERTAINING TO THE SCHEDULE 'B' AND 'C' PROPERTIES UNDER THE AGREEMENTS READ WITH THE AFORESAID LETTER OF 01.08.2012, PURSUANT TO CLAUSE 15 OF THE AGREEMENT TO SELL AND THE CLAUSE 10 OF THE CONSTRUCTION AGREEMENT (ANNEXURE 'A' AND ANNEXURE 'B') AND ETC.
IN CMP NO.79/2017:
BETWEEN:
M/S.BANGALORE RESIDENCES LLP, A LIMITED LIABILITY PARTNERSHIP REGISTERED UNDER THE LIMITED LIABILITY PARTNERSHIP ACT 2008, HAVING ITS REGISTERED OFFICE AT #4391, B-5-6, VASANT KUNJ, NEW DELHI-110070, INDIA.
REPRESENTED HEREIN BY ITS DESIGNATED PARTNER, MR.RAKESH SHARMA. ... PETITIONER (BY MS.VARUNI MOHAN, ADVOCATE FOR SRI.NIKHILESH RAO.M, ADVOCATE) AND:
EMBASSY ONE DEVELOPERS PVT. LTD., (ERSTWHILE CITY VIEW BANGALORE PROPERTIES PVT LTD.,), HAVING ITS REGISTERED OFFICE, THEN AT FLOOR 4, BELAIR DRIVE, 9 BELLARY ROAD, BENGALURU-560 032), A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT 1ST FLOOR, EMBASSY POINT, 150 INFANTRY ROAD, BENGALURU - 560 001, KARNATAKA, INDIA, REPRESENTED HEREIN BY ITS DIRECTOR MR. A.T.GOPINATH. ... RESPONDENT (BY SRI.SOMANNA.C.P, ADVOCATE FOR SRI.SURAJ GOVINDRAJ, ADVOCATE) THE CIVIL MISCELLANEOUS PETITION UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A) APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON ALL CLAIMS AND DISPUTES OF THE PETITIONER AND THE RESPONDENT, PERTAINING TO THE SCHEDULE 'B' AND 'C' PROPERTIES UNDER THE AGREEMENTS READ WITH THE AFORESAID LETTER OF 01/08/2012, PURSUANT TO CLAUSE 15 OF THE AGREEMENT TO SELL AND THE CLAUSE 10 OF THE CONSTRUCTION AGREEMENT (ANNEXURE 'A' AND ANNEXURE 'B') AND ETC., THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Miss. Varuni Mohan, learned counsel for petitioners has filed a memo for withdrawal of the petitions in view of settlement entered into between the parties by way of separately executing settlement agreement and cancellation of agreements with liberty to the petitioners to revive the same in the event of any breach or default of the terms of settlement by the respondent.
The said memo is not opposed by the learned counsel for the respondent.
The memo is placed on record.
In view of the above, the civil miscellaneous petitions are dismissed as withdrawn with liberty as sought for in accordance with law.
Sd/- JUDGE VBS