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2025 DAILYLAW 18822 (KAR)

SRI SREENADHA REDDY v. M/S LAKSHMI NIRMAN

WP/37092/2018 · 2025-03-07

M G S Kamal

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Judgment text

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- 1 - NC: 2025:KHC:9745 WP No. 37092 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 37092 OF 2018 (GM-CPC) BETWEEN: SRI SREENADHA REDDY S/O JANARDHANA REDDY, AGED ABOUT 40 YEARS, C/O NO.18, KAY KAY TOWERS, 9TH MAIN ROAD, 17TH CROSS 7TH SECTOR, HSR LAYOUT, BANGALORE - 560 038. …PETITIONER (BY SRI. MANJUNATHA A M., ADVOCATE) AND: 1. M/S LAKSHMI NIRMAN (BANGALORE) PVT. LTD., HAVING ITS REGISTERED OFFICE AT NO.15, SRIKANTAN LAYOUT, HIGH GROUNDS, BANGALORE-560 001 REPRESENTED BY ITS MANAGING DIRECTOR SRI G.R.SURESH S/O RANGARAJAN 2. M/S KUMAR BUILDERS (KUMAR URBANA) HAVING ITS REGISTERED OFFICE AT NO. 10/2, PALACE ROAD, 13TH MAIN, VASANTHNAGAR, BANGALORE - 560 052 REPRESENTED BY ITS CHAIRMANOR SRI LALITH KUMAR JAIN Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9745 WP No. 37092 of 2018 3. SRI. LALITH KUMAR JAIN CHAIRMAN M/S KUMAR BUILDERS, (KUMAR URBANA) KUMAR CAPITAL, 2ND FLOOR, 2413, EAST STREET, CAMP PUNE - 411 01. …RESPONDENTS (BY SRI. P.PRASANNA KUMAR, ADV. FOR R1, SRI. BIBHAS V. KITTUR, ADV. FOR R2, R3 - SERVED AND UNREPRESENTED.) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 02.08.2018 PASSED ON I.A.NO.1/17 IN A.S.NO. 34/2017 ON THE FILE OF THE CITY CIVIL JUDGE, BENGALURU VIDE ANNEX-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Learned counsel for the petitioner submits that the limited grievance for which the petitioner has approached this Court is that by the order dated 02.08.2018 passed in Arbitration Suit in A.S.No.34/2017 on the file of XXXI Addl. City Civil and Sessions Judge, Bengaluru, by which, merely because learned counsel for the petitioner herein had sought for an adjournment, the Trial Court while declining to grant prayer for adjournment, proceeded to vacate the - 3 - NC: 2025:KHC:9745 WP No. 37092 of 2018 interim order and posted the matter for arguments. That the said interim order had been granted by the Trial Court staying the execution of award dated 05.12.2014 passed in A.C.No.14/2014. That this Court by order dated 29.08.2018, had granted the interim order of stay, staying the execution of the aforesaid award and the petitioner had been permitted to proceed with the arguments before the Trial Court without seeking any adjournment. 2. He further submits that the matter is still pending consideration in the aforesaid Arbitration Suit in A.S.No.34/2017 and if a direction is given to the Trial Court to hear the parties and to proceed with the matter by extending the aforesaid interim order of stay of execution of the arbitration award until determination of the said A.S.No.34/2017, the purpose would be served. 3. Learned counsel for respondent No.2 who appears through video conferencing submits that the respondent No.2 has no objection in such a direction being - 4 - NC: 2025:KHC:9745 WP No. 37092 of 2018 issued with a further direction to expedite the disposal of the matter by the Trial Court. 4. His submission is taken on record. 5. Accordingly, the petition stands disposed of. The Trial Court shall proceed with the matter in A.S.No.34/2017 and dispose of the same on merits as expeditiously as possible with an outer limit of two months from the date of receipt of certified copy of this order. Till such time, the interim dated 29.08.2018 granted by this Court staying the execution of the arbitration award, shall continue. Sd/- (M.G.S. KAMAL) JUDGE SSD List No.: 1 Sl No.: 7