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2025 DAILYLAW 12895 (KAR)

SRI U M RAMESH RAO v. SRI S DINAKAR RAO

WP/937/2019 · 2025-03-24

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC:12580 WP No. 937 of 2019 C/W WP No. 938 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 937 OF 2019 (GM-RES) C/W WRIT PETITION NO. 938 OF 2019 (GM-RES) IN WP No. 937/2019 BETWEEN: 1. SRI U M RAMESH RAO AGED ABOUT 75 YEARS S/O LATE SRI U M KRISHNA RAO CHARERED ACCOUNTANT & COFFEE GROWER, I G ROD CHIKKAMAGALURU-577101 …PETITIONER (BY SRI. KIRAN V. RON, ADVOCATE) AND: 1. SRI S DINAKAR RAO SINCE DEAD BY LRS 1A. SRI ANIL D SAVUR AGED ABOUT 60 YEARS 1B. MS. CHAITANYA SAVUR D. AGED ABOUT 59 YEARS 1C. JAYAVANTH SAVUR D. AGED ABOUT 55 YEARS 1D. DR. AMARNATH SAVUR D. AGED ABOUT 53 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12580 WP No. 937 of 2019 C/W WP No. 938 of 2019 ALL ARE CHILDREN OF LATE DINAKAR RAO ALL ARE RESIDING AT NO.47, PRABHU STREET CHURCH STREET CHIKKAMAGALURU - 577 101 …RESPONDENTS (BY SRI. ANANDARAMA K., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 27.11.2018 PASSED ON I.A.NO.1 IN AC.NO.89/2018 AT ANNEXURE-A PASSED BY THE LEAREND SOLE ARBITRATOR, MR.G.K.GOKHALE AT THE ARBITRATION AND CONCILIATION CENTRE-BENGALURU, DOMESTIC AND INTERNATIONAL. DIRECT THE HON'BLE ARBITRATOR/ TRIBUNAL TO PASS A SPEAKING ORDER ON I.A.NO.1 FILED IN AC 89/2018. GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS IN A.C.NO.89/2018 PENDING BEFORE THE LEARNED ARBITRATOR, MR.G.K.GOKHALE AT THE ARBITRATION AND CONCILIATION CENTRE - BENGALURU, DOMESTIC AND INTERNATIONAL. IN WP NO. 938/2019 BETWEEN: 1. SRI. U.M. RAMESH RAO AGED ABOUT 75 YEARS S/O LATE SRI U M KRISHNA RAO CHARTERED ACCOUNTANT & COFFEE GROWER I G ROAD, CHIKKAMAGALUR-577101 ...PETITIONER (BY SRI. KIRAN V. RON, ADVOCATE) AND: 1. SRI S DINAKAR RAO SINCE DEAD BY LRS 1A. SRI ANIL D SAVUR AGED ABOUT 60 YEARS - 3 - NC: 2025:KHC:12580 WP No. 937 of 2019 C/W WP No. 938 of 2019 1B. MS. CHAITANYA SAVUR D. AGED ABOUT 59 YEARS 1C. JAYAVANTH SAVUR D. AGED ABOUT 55 YEARS 1D. DR. AMARNATH SAVUR D. AGED ABOUT 53 YEARS ALL ARE CHILDREN OF LATE DINAKAR RAO ALL ARE RESIDING AT NO.47, PRABHU STREET CHURCH STREET CHIKKAMAGALURU - 577 101 ...RESPONDENTS (BY SRI. ANANDARAMA K., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ORDER DATED 27.11.2018 PASSED ON I.A.NO.4 IN A.C.NO.90/2018 AT ANNEXURE-A PASSED BY THE LEARNED SOLE ARBITRATOR, MR.G.K.GOKHALE AT THE ARBITRATION AND CONCILIATION CENTRE - BENGALURU, DOMESTIC AND INTERNATIONAL; DIRECT THE HON'BLE ARBITRATOR/ TRIBUNAL TO PASS A SPEAKING ORDER ON I.A.NO.4 FILED IN AC 90/2018, IN ACCORDANCE WITH LAW. GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS IN A.C.NO.90/2018 PENDING BEFORE THE LEARNED ARBITRATOR, MR.G.K.GOKHALE AT THE ARBITRATION AND CONCILIATION CENTRE - BENGALURU, DOMESTIC AND INTERNATIONAL. - 4 - NC: 2025:KHC:12580 WP No. 937 of 2019 C/W WP No. 938 of 2019 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this court seeking for the following reliefs; "(a) Issue a Writ of Certiorari by setting aside the impugned order dated 27.11.2018 passed on I.A.No.1 in AC No.89/2018 at Annexure-A passed by the learned Sole Arbitrator, Mr.G.K.Gokhale at the Arbitration and Conciliation Centre - Bengaluru, Domestic and International; (b) Issue a Writ of Mandamus to direct the Hon'ble Arbitrator/Tribunal to pass a speaking order on I.A.No.1 filed in AC89/2018, in accordance with law; (c) Issue any other Writ or order as this Hon'ble Court deems fit to grant, in the facts and circumstances of the case, in the interest of justice and equity." 2. A memo dated 24.03.2025 signed by the petitioner, counsel for the petitioner, respondent No.1 (a) to (d). Learned counsel for respondent has been filed which reads as under: "This memo is filed to bring it to the notice of this Hon'ble Court that the parties to the above proceedings have amicably settled the disputes between them. In the view of the above, the above Petition may be disposed as settled and not pressed, in the interest of justice and equity." - 5 - NC: 2025:KHC:12580 WP No. 937 of 2019 C/W WP No. 938 of 2019 3. Accepting the said memo, submission of the both counsels, the petitions are disposed as settled out of. 4. Pending applications, if any, are disposed off. SD/- (SURAJ GOVINDARAJ) JUDGE AMM List No.: 1 Sl No.: 13