Writ Petition No. 16302 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:13465-DB WP No. 16302 of 2022 C/W WP No. 16344 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 16302 OF 2022 (GM-RES) WRIT PETITION NO. 16344 OF 2022 (GM-RES) C/W IN WP No. 16302/2022: BETWEEN:
Legal Reasoning
1. SHRI. M.P. RAVISHANKAR PARTNER M/S AISHWARYA DEVELOPERS S/O LATE M. PUTTASWAMY AGED ABOUT 54 YEARS RESIDING AT F -14, SEWAGE FARM MAIN ROAD H.R.GARDEN, VIDYARANYAPURAM MYSORE -570 008 Digitally signed by SHAKAMBARI Location: High Court of Karnataka 2. SHRI. G.H. HUCHAPPA PARTNER M/S AISHWARYA DEVELOPERS S/O LATE HUCHEGOWDA AGED ABOUT 74 YEARS NO.162, 2ND MAIN, GOKULAM 2ND STAGE, V.V. MOHALLA MYSORE-570 002 3. SHRI. N. PRABHAKAR RAO PARTNER M/S AISHWARYA DEVELOPERS S/O LATE NARAYAN RAO AGED ABOUT 69 YEARS RESIDING AT NO.14, YATHINDRA NILAYA - 2 - NC: 2025:KHC:13465-DB WP No. 16302 of 2022 C/W WP No. 16344 of 2022 3RD CROSS, SHANKARPURAM BANGALORE -560 004 (BY SRI. L.M. CHIDANANDAYYA, ADVOCATE) …PETITIONERS AND: 1. SHRI. T. SHIVAPRAKASH PARTNER M/S AISHWARYA DEVELOPERS S/O LATE THIMMEGOWDA AGED ABOUT 54 YEARS RESIDING AT NO.1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPUNAGARA MYSORE-570 023 2. SMT. M.P. SANDHYARANI PARTNER M/S AISHWARYA DEVELOPERS W/O T. SHIVAPRAKASH AGED ABOUT 45 YEARS RESIDING AT NO.1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPUNAGARA MYSORE-570 023 3. M/S AISHWARYA DEVELOPERS REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPUNAGARA MYSORE-570 023 4. M/S AKHILA KARNATAKA BRAHMINS WELFARE SOCIETY NO.1513, 1ST FLOOR, 7TH MAIN RPC LAYOUT, HAMPINAGARA BENGALURU-560 040 ALSO AT NO.175/1, NEW NO.K-22/1 RAMAVILASA ROAD K.R.MOHALLA, MYSORE-570 024 - 3 - NC: 2025:KHC:13465-DB WP No. 16302 of 2022 C/W WP No. 16344 of 2022 REPRESENTED BY ITS GENERAL SECRETARY MR. B.V. MANJUNATH 5. SHRI. B.V. MANJUNATHA PARTNER M/S AISHWARYA DEVELOPERS ALSO GENERAL SECRETARY M/S AKHILA KARNATAKA BRAHMINS WELFARE SOCIETY S/O VISVESHVARAIAH AGED ABOUT 69 YEARS RESIDING AT NO. 175, 4TH MAIN LIC COLONY, SRIRAMPURA, MYSORE-570 008. 6. SOLE ARBITRATOR ARBITRATION AND CONCILIATION CENTRE BENGALURU (DOMESTIC AND INTERNATIONAL) KHANIJA BHAVAN, BANGALORE-560 001. (BY SRI. MAHENDRA GOWDA C.R, ADVOCATE FOR R4 & R5; R1, R2, R3 & R6 SERVED AND UNREPRESENTED) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE LEARNED ARBITRATOR WHICH ULTIMATELY RESULTED IN PASSING THE COMPROMISE AWARD ANNEXURE-A DATED 09.01.2019 IN AC No.72/2018 BY THE TRIBUNAL CONSISTING OF SOLE ARBITRATOR AND ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF THE CERTIORARI, QUASHING AWARD ANNEXURE-A DATED 09.01.2019 IN A.C No.72/2018 BY THE ARBITRAL TRIBUNAL CONSISTING OF SOLE ARBITRATOR AND ETC. COMPROMISE THE IN WP NO. 16344/2022: BETWEEN: 1. SHRI. M.P. RAVISHANKAR PARTNER M/S AISHWARYA DEVELOPERS S/O LATE M. PUTTASWAMY - 4 - NC: 2025:KHC:13465-DB WP No. 16302 of 2022 C/W WP No. 16344 of 2022 AGED ABOUT 54 YEARS RESIDING AT F -14, SEWAGE FARM MAIN ROAD H.R.GARDEN, VIDYARANYAPURAM MYSORE -570 008 2. SHRI. G.H. HUCHAPPA PARTNER M/S AISHWARYA DEVELOPERS S/O LATE HUCHEGOWDA AGED ABOUT 74 YEARS NO.162, 2ND MAIN, GOKULAM 2ND STAGE, V.V. MOHALLA MYSORE-570 002 3. SHRI. N. PRABHAKAR RAO PARTNER M/S AISHWARYA DEVELOPERS S/O LATE NARAYAN RAO AGED ABOUT 69 YEARS RESIDING AT NO.14, YATHINDRA NILAYA 3RD CROSS, SHANKARPURAM BANGALORE -560 004 (BY SRI. L.M. CHIDANANDAYYA, ADVOCATE) ...PETITIONERS AND: 1. SHRI. T. SHIVAPRAKASH PARTNER M/S AISHWARYA DEVELOPERS S/O LATE THIMMEGOWDA AGED ABOUT 54 YEARS RESIDING AT NO.1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPUNAGARA MYSORE-570 023 2. SMT. M.P. SANDHYARANI PARTNER M/S AISHWARYA DEVELOPERS W/O T. SHIVAPRAKASH AGED ABOUT 45 YEARS - 5 - NC: 2025:KHC:13465-DB WP No. 16302 of 2022 C/W WP No. 16344 of 2022 RESIDING AT NO.1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPUNAGARA MYSORE-570 023 3. M/S AISHWARYA DEVELOPERS REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPUNAGARA MYSORE-570 023 4. M/S AKHILA KARNATAKA BRAHMINS WELFARE SOCIETY NO.1513, 1ST FLOOR, 7TH MAIN RPC LAYOUT, HAMPINAGARA BENGALURU-560 040 ALSO AT NO.175/1, NEW NO.K-22/1 RAMAVILASA ROAD K.R.MOHALLA, MYSORE-570 024 REPRESENTED BY ITS GENERAL SECRETARY MR. B.V. MANJUNATH 5. SHRI. B.V. MANJUNATHA PARTNER M/S AISHWARYA DEVELOPERS ALSO GENERAL SECRETARY M/S AKHILA KARNATAKA BRAHMINS WELFARE SOCIETY S/O VISVESHVARAIAH AGED ABOUT 69 YEARS RESIDING AT NO. 175, 4TH MAIN LIC COLONY, SRIRAMPURA, MYSORE-570 008 6. SOLE ARBITRATOR ARBITRATION AND CONCILIATION CENTRE BENGALURU (DOMESTIC AND INTERNATIONAL) KHANIJA BHAVAN, BANGALORE-560 001 ...RESPONDENTS (BY SRI.MAHENDRA GOWDA C.R, ADVOCATE FOR R4 & R5; R1, R2, R3 & R6 SERVED AND UNREPRESENTED) - 6 - NC: 2025:KHC:13465-DB WP No. 16302 of 2022 C/W WP No. 16344 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE LEARNED ARBITRATOR WHICH ULTIMATELY RESULTED IN PASSING THE COMPROMISE AWARD ANNEXURE-A DATED 09.01.2019 IN AC No.69/2018 BY THE ARBITRAL TRIBUNAL CONSISTING OF SOLE ARBITRATOR AND ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF THE CERTIORARI, QUASHING THE ANNEXURE-A DATED 09.01.2019 IN A.C No.69/2018 BY THE ARBITRAL TRIBUNAL CONSISTING OF SOLE ARBITRATOR AND ETC. COMPROMISE AWARD THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Learned counsel for the petitioners has filed a memo dated 25.03.2025 seeking leave of this Court to withdraw both the petitions, which reads as under: In WP.No.16302/2022: "The petitioners have challenged the compromise award dated 09.01.2019 in A.C.No.72/2018. During the pendency of the above writ petition, the petitioners and the respondents on the advice of well wishers resolved the entire disputes. The petitioners are required to withdraw the above writ petition in terms of the settlement. Therefore, it is humbly prayed that this Hon'ble Court may be pleased to permit the petitioners to withdraw the above writ petition in view of the - 7 - NC: 2025:KHC:13465-DB WP No. 16302 of 2022 C/W WP No. 16344 of 2022 settlement arrived at between the petitioners and respondents, in the interest of justice." In WP.No.16344/2022: "The petitioners have challenged the compromise award dated 09.01.2019 in A.C.No.69/2019. During the pendency of the above writ petition, the petitioners and the respondents on the advice of well wishers resolved the entire disputes. The petitioners are required to withdraw the above writ petition in terms of the settlement. Therefore, it is humbly prayed that this Hon'ble Court may be pleased to permit the petitioners to withdraw the above writ petition in view of the settlement arrived at between the petitioners and respondents, in the interest of justice." In view of the above memo, the petitions are disposed as withdrawn. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM List No.: 1 Sl No.: 1