Writ Petition No. 61797 of 2016 · The High Court
Case Details
- 1 - NC: 2025:KHC:18161 WP No. 61797 of 2016 C/W CMP No. 131 of 2016 CMP No. 150 of 2016 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 61797 OF 2016 (GM-RES) C/W CIVIL MISC. PETITION NO. 131 OF 2016 CIVIL MISC. PETITION NO. 150 OF 2016 WRIT PETITION NO. 1978 OF 2017 (GM-RES) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA IN WP No. 61797/2016 BETWEEN:
Legal Reasoning
MR. DEEPAK KRISHNAPPA SON OF SRI. KRISHNAPPA, AGED ABOUT 45 YEARS, RESIDING AT NO.2, 4TH MAIN, JAYAMAHAL, BANGALORE-560046. ALSO AT No.8 ANRIYA PALATIAL APARTMENTS APARTMENT No.1505 6TH CROSS, RMV 2ND STAGE, BANGALORE. (BY SRI. SARAVANA, ADVOCATE) AND: 1. D. BALA SUNDHARAM SON OF DORISWAMY, …PETITIONER - 2 - NC: 2025:KHC:18161 WP No. 61797 of 2016 C/W CMP No. 131 of 2016 CMP No. 150 of 2016 AND 1 OTHER AGED ABOUT 84 YEARS, 2. B A SHRI VYSHNAVI D/O D.BALASUNDHARAM, AGED ABOUT 35 YEARS BOTH ARE RESIDING AT NO.15, G.D.STREET, RACE COURSE, COIMBATOR-6401018. 3. THE MANAGER STANDARD CHARTERED BANK, KORAMANAGALA BRANCH, KORAMANGALA, BENGALURU. 4. SRI V P JHAGIRDAR DISTRICT AND SESSIONS JUDGE(RETD), No.Q-3, SHUBODAYA SILVER SPRINGS 2ND CROSS, 1ST PHASE, 5TH STAGE BEML LAYOUT, R.B. NAGAR BANGALORE – 560 098 5. UDAY REDDY S/O M JANARDHAN REDDY, AGED ABOUT 49 YEARS, RESIDING AT NO.5/23, PAMPA MAHAKAVI ROAD, SHANAKRAPURAM, BENGALURU-560004. (BY SHARADA REDDY, ADVOCATE FOR R5 B.C. AVINASH & S KUMARA SWAMY, ADVOCATES FOR R3 R4 SERVED NOTICE TO R2 H/S V/O DATED 02.03.2022) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROCEEDINGS INITIATED IN PROCEEDINGS - 3 - NC: 2025:KHC:18161 WP No. 61797 of 2016 C/W CMP No. 131 of 2016 CMP No. 150 of 2016 AND 1 OTHER A.C.NO.1/2016 CULMINATING IN THE "AWARD" DTD 30.7.2016 AS PRODUCED BY THE R-4 IS ABINITIO VOID (ANNEXURE-A) DIRECT THE R-3 TO SECURE BACK THE DOCUMENTS RELEASED ON THE BASIS OF THE SO CALLED AWARD EVEN WHEN IT COULD NOT BE SAID TO BE IN OPERATION IN LAW. IN CMP NO. 131/2016 BETWEEN: 1. MR DEEPAK KRISHNAPPA S/O SRI.KRISHNAPPA, AGED ABOUT 45 YEARS, RESIDING AT NO.2, 4TH MAIN, JAYAMAHAL, BANGALORE-46 2. UDAY REDDY S/O M. JANARDHAN REDDY, AGED ABOUOT 49 YEARS, RESIDING AT NO.5/23, PAMPA MAHAKAVI ROAD, SHANKARAPURAM, BANGALORE-4 3. SUSHMA ANANDU W/O DEEPAK KRISHNAPPA AGED ABOUT 37 YEARS, RESIDING AT NO.2, 4TH MAIN, JAYAMAHAL, BANGALORE-46 (BY SRI. SARAVANA S., ADVOCATE) ...PETITIONERS AND: 1. D BALA SUNDHRAM SON OF DORIASWAMY, AGED ABOUT 84 YEARS, 2. B.A. SHRI VYSHNAVI - 4 - NC: 2025:KHC:18161 WP No. 61797 of 2016 C/W CMP No. 131 of 2016 CMP No. 150 of 2016 AND 1 OTHER D/O D.BALASUNDHARAM, AGED ABOUT 35 YEARS, BOTH ARE R/AT NO.15, G.D STREET, RACE COURSE, COIMBATORE, ...RESPONDENTS THIS CIVIL MISC. PETITION UNDER SEC.11(5, 6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (A) APPOINT ARBITRATOR TO ENTER INTO REFERENCE TO ARBITRATE UPON DISPUTE THAT HAS APPARENTLY ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS IN RELATION TO RECONSTITUTION DEED OF PARTNERSHIP DEED DATED 27/02/2007 AND (B) PASS SUCH OTHER ORDERS AS MAY BE DEEMED APPROPRIATE UNDER THE CIRCUMSTANCES OF THE CASE, IN THE ENDS OF JUSTICE AND EQUITY. IN CMP NO. 150/2016 BETWEEN: MR. DEEPAK KRISHNAPPA S/O SRI KRISHNAPPA, AGED ABOUT 45 YEARS, RESIDING AT NO.2, 4TH MAIN, JAYAMAHAL, BANGALORE-560046 ....PETITIONER (BY SRI. SARAVANA S., ADVOCATE) AND: 1. MR. UDAY REDDY S/O SRI. JANARDHAN REDDY - 5 - NC: 2025:KHC:18161 WP No. 61797 of 2016 C/W CMP No. 131 of 2016 CMP No. 150 of 2016 AND 1 OTHER AGED ABOUT 49 YEARS R/A: NO. 5/23, PAMPA MAHAKAVI ROAD, SHANKARAPURAM, BENGALURU - 560 004.560004 2. SMT. SUSHMA ANANDU W/O DEEPAK KRISHNAPPA AGED ABOUT 37 YEARS RESIGING AT NO.2, 4TH MAIN, JAYAMAHAL, BENGALURU – 560046 3. D. BALA SUNDHRAM SON OF DORIASWAMY AGED ABOUT 84 YEARS R/AT NO. 15, G.D.STREET RACE COURSE COIMBATORE – 641018 4. B.A.SHRI. VYSHNAVI D/O D. BALASUNDHRAM AGED ABOUT 35 YEARS R/A NO. 15, G.D.STREET RACE COURSE COIMBATORE - 641018. ...RESPONDENTS (BY SRI. K.N. SUBBA REDDY, ADVOCATE FOR 1) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5, 6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HON'BLE COURT TO A) APPOINT ARBITRATOR TO ENTER INTO REFERENCE TO ARBITRATE UPON DISPUTE THAT HAS APPARENTLY ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS IN RELATION TO RECONSTITUTION DEED OF PARTNERSHIP DEED DATED 27/02/2007; AND (B) PASS SUCH OTHER ORDERS AS MAY - 6 - NC: 2025:KHC:18161 WP No. 61797 of 2016 C/W CMP No. 131 of 2016 CMP No. 150 of 2016 AND 1 OTHER BE DEEMED APPROPRIATE UNDER THE CIRCUMSTANCES OF THE CASE, IN THE ENDS OF JUSTICE AND EQUITY. IN WP NO. 1978/2017 BETWEEN: 1. MR. DEEPAK KRISHNAPPA S/O SRI KRISHNAPPA, AGED ABOUT 45 YEARS, 2. SUSHMA ANANDU W/O DEPAK KRISHNAPPA, AGED ABOUT 37 YEARS, BOTH ARE R/AT FLAT NO.1505, C BLOCK, 5TH FLOOR, ANRIYA PALATIAZ, NEXT TO STERLING RESIDENCY, OPP. ALL INDIA RADIO STAFF QUARTERS, MLS LAYOUT, DOLLORS COLONY, BENGALURU-560 094. (BY SRI. SARAVANA S, ADVOCATE) ...PETITIONERS AND: 1. B BALA SUNDHRAM S/O DORISWAMY, AGED ABOUT 84 YEARS, 2. B.A.SHRI VYSHNAVI D/O D.BALASUNDHARAM, AGED ABOUT 35 YEARS, BOTH ARE R/AT NO.15, G.D.STREET RACE COURSE, COIMBATOR-640 1019. 3. THE MANAGER STANDARD CHARTERED BANK, - 7 - NC: 2025:KHC:18161 WP No. 61797 of 2016 C/W CMP No. 131 of 2016 CMP No. 150 of 2016 AND 1 OTHER KORAMANGALA BRANCH, KORAMANGALA, BENGALURU – 560 078 4. SR.V.P.JHAGIRDAR DISTRICT AND SESSIONS JUDGE (RETD) NO.Q-3, SHUBODAYA SILVER SPRINGS, 2ND CROSS, 1ST PHASE, 5TH STAGE, BEML LAYOUT, R.B.NAGAR, BENGALURU-560 098. 5. UDAY REDDY S/O M.JANRDHAN REDDY, AGED ABOUT 49 YEARS, R/AT NO.5/23, PAMPA MAHAKAVI ROAD, SHANKARAPURAM, BENGALURU-560 004. ...RESPONDENTS (BY SRI. S. VINOD, ADVOCATE FOR R1 & R2 SRI. B.C. AVINASH, ADVOCATE FOR R3 SMT. SHARADA REDDDY, ADVOCATE FOR R5 SRI. K.N. SUBBA REDDY, ADVOCATE FOR R5 R4 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROCEEDINGS INITIATED IN PROCEEDINGS A.C.NO.2/2016 CULMINATING IN THE "AWARD" DTD 30.7.2016 PASSED BY THE R-4 IS ABINITIO VOID (ANNEXURE-A) AND DIRECT THE R-3 TO SECURE BACK THE DOCUMENTS RELEASED ON THE BASIS OF THE SO CALLED AWARD EVEN WHEN IT COULD NOT BE SAID TO BE IN OPERATION IN LAW. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - NC: 2025:KHC:18161 WP No. 61797 of 2016 C/W CMP No. 131 of 2016 CMP No. 150 of 2016 AND 1 OTHER CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed a memo for withdrawal stating that the petitioner and contesting respondents have settled their disputes out of court, as such, both the parties jointly pray for withdrawal of these petitions. In view of the settlement between the parties, the petitioner intends to withdraw these petitions. 2. Memo is placed on record. 3. Accordingly, the petitions are dismissed as withdrawn. SKS Sd/- (ASHOK S.KINAGI) JUDGE