1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE T M NADAF & MR. PAVANA CHANDRA SHETTY H, MEMBER WRIT PETITION No.12927/2023 (GM-CPC) (Lok Adalat No.510/2025) A/W WRIT PETITION No.20308/2023 (GM-CPC) (Lok Adalat No.756/2025) IN W.P.NO.12927/2023 BETWEEN: 1 . MR ASHOK KUMAR C SHETH AGED ABOUT 67 YEARS, S/O CHANDULAL P.SHETH, RESIDING AT NO.101, MOTI APARTMENTS, KUMARAPARK EAST, BENGALURU - 560 001. 2 . MR. CHINTAN A. SHETH, AGED ABOUT 36 YEARS, S/O MR. ASHOK KUMAR C. SHETH, RESIDING AT NO.101, MOTI APARTMENTS, KUMARAPARK EAST, BENGALURU - 560 001. …PETITIONERS 2 (BY SRI. AKSHAYA B M, ADVOCATE) AND 1 . MR. RAJNIKANTH C SHETH AGED ABOUT 66 YEARS, S/O CHANDULAL P. SHETH, RESIDING AT NO.897/B ‘KRISHNA KUNJ’, 18TH MAIN ROAD, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. 2 . MR. KARAN R. SHETH, AGED ABOUT 38 YEARS, S/O RAJNIKANTH C. SHETH, RESIDING AT NO.897/B ‘KRISHNA KUNJ’, 18TH MAIN ROAD, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. 3 . MR. SAGAR R. SHETH. AGED ABOUT 35 YEARS, S/O RAJNIKANTH C. SHETH, RESIDING AT NO.897/B KRISHNA KUNJ, 18TH MAIN ROAD, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. 4 . M/S SREENATHJI ENTERPRISES PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER, Mr.RAJNIKANTH C. SHETH, HAVING ITS OFFICE AT NO.8/8 1ST CROSS, SSI AREA, 5TH BLOCK, BEHIND SJR SCHOOL, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS 3 (BY SRI. SUNDARA RAMAN M V, ADVOCATE FOR R1 – R3; R4 IS SERVED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19/06/2023 VIDE ANNEXURE-A OF THE LEARNED LXXXVI ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU (COMMERCIAL COURT CCH- 87) IN COM AA NO.243 OF 2023 ISSUING THE EMERGENT NOTICE TO THE RESPONDENTS AND GRANT RELIEFS PRAYED FOR IN IA NO.1 TO 4 TILL DISPOSAL OF THE SAID APPLICATIONS. IN W.P.NO.20308/2023 BETWEEN: 1 . MR. RAJNIKANTH C SHETH AGED ABOUT 66 YEARS, S/O CHANDULAL P. SHETH, RESIDING AT NO.897/B ‘KRISHNA KUNJ’, 18TH MAIN ROAD, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. 2 . MR. KARAN R. SHETH, AGED ABOUT 38 YEARS, S/O RAJNIKANTH C. SHETH, RESIDING AT NO.897/B ‘KRISHNA KUNJ’, 18TH MAIN ROAD, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. 3 . MR. SAGAR R. SHETH. AGED ABOUT 33 YEARS, S/O RAJNIKANTH C. SHETH, RESIDING AT NO.897/B ‘KRISHNA KUNJ’, 18TH MAIN ROAD, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …PETITIONERS (BY SMT. SANJANA RAO, ADVOCATE) 4 AND 1 . MR. ASHOK KUMAR C SHETH AGED ABOUT 67 YEARS, S/O CHANDULAL P SHETH RESIDING AT FLAT NO.A- 1101 SOBHA INDRAPRASHTHA GOPALAPURA 10TH FLOOR, WING-1, BENGALURU – 560 010 2 . MR CHINTAN A SHETH AGED ABOUT 36 YEARS, S/O MR. ASHOK KUMAR C SHETH RESIDING AT FLAT NO.A- 1101 SOBHA INDRAPRASHTHA GOPALAPURA, 10TH FLOOR, WING-1, BENGALURU – 560 010 3 . SRENATHJI ENTERPRISES PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO 8/8, 1ST CROSS, SSI AREA, 5TH BLOCK BEHIND SJR SCHOOL RAJAJINAGAR BENGALURU – 560 010 …RESPONDENTS (BY SRI.AKSHAYA B.M., ADVOCATE FOR R-1; NOTICE TO RESPONDENT No.3 IS DISPENSED WITH V/O DATED 13.10.2023) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 08.09.2023 PASSED BY THE LXXXIV ADDL. CITY CIVIL JUDGE (CCH-85) IN A.A.NO.347 OF 2023 PRODUCED AT ANNEXURE-A AND CONSEQUENTLY ALLOW THE IA NOS.1-5 FILED IN A.A.NO.347 OF 2023. THESE PETITIONS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 5 CONCILIATION ORDER The petitioners in W.P.No.12927/2023 have preferred this petition for the following reliefs:- i. “Set aside the impugned Order dated 19.06.2023 vide Annexure – A of the Learned LXXXVI Additional City Civil and Sessions Judge, Bengaluru (Commercial Court CCH-87) in Com.A.A.No.243/2023 issuing the emergent notice to the Respondents and grant reliefs prayed for in I.A.No.1 to 4 till disposal of the said Applications; ii. Issue such other writ or order or direction or any consequential relief/s as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.” 2. The petitioners in W.P.No.20308/2023 have preferred this petition for the following reliefs:- “a. Set aside the order dated 08.09.2023 passed by the LXXXIV Additional City Civil Judge (CCH-85) in A.A.No.347 of 2023 produced at Annexure – A and consequently allow the I.A.Nos. 1-5 filed in A.A.No.347 of 2023. 6 i) I.A.No.1 – Restraining the Respondent Nos.1 and 2 from withdrawing any monies or authorizing any payments out of Schedule A Bank Account, or otherwise operating bank accounts held by Respondent No.3 – Partnership Firm without consent of all the partners pending disposal of the arbitration between the parties; (Annexure L1) ii) I.A.No.2 – Restraining the Respondent Nos.1 and 2 from withdrawing immovable property and movable properties provided as collateral and thereby altering/modifying the existing credit facilities availed by the Respondent No.3 Firm with HDFC Bank vide Sanction reference letter no.86996212 pending disposal of the arbitration between the parties withdrawing immovable property and movable properties provided as collateral and thereby altering/modifying the existing credit facilities availed by the Respondent No.3 Firm with HDFC Bank vide Sanction reference letter no.86996212 pending disposal of the arbitration between the parties; (Annexure L2) ii) I.A.No.3 – Directing the Respondent Nos.1 and 2 to provide security for the sum of Rs.1,32,44,160/- (Rupees One Crore Thirty-Two Lakhs Forty-Four Thousand One Hundred and Sixty) that has 7 been withdrawn by the Respondent No.1 and 2 from the accounts of the Respondent No.3 in excess of their current accounts by providing a bank guarantee for a like sum pending disposal of the arbitration between the parties; (Annexure L3) iv) I.A.No.4 – Restraining the Respondent Nos.1 and 2 from operating, carrying on business, entering into any agreements or any transaction in the name of ‘M/s Sreenathji International’ pending disposal of the arbitration between the parties; (Annexure L4) v) I.A.No.5 – Restraining the Respondent Nos.1 and 2 from making any representations to and soliciting clients of the Partnership Firm to ‘M/s Sreenathji International’ pending disposal of the arbitration between the parties; (Annexure L5) b. Grant such other relief/s as this Hon’ble Court may deem fit in light of the facts and circumstances of the case and in the interest of justice and equity.” 3. All the parties and their respective counsel in both the cases are present. 4. Learned counsel for the parties in both the writ petitions submit that the parties have entered into a Reconstitution 8 Partnership and Retirement deed and a Settlement Agreement both dated 20.02.2025. 5. On 20.02.2025, learned counsel for the parties have sought to refer the petitions supra to Lok-adalat for settlement. 6. The learned counsel for the parties submit that, some of the parties named in the said documents were not present on the said date, to affix their signature. However, they have consented and agreed to the terms reflected in the said documents. 7. Today, when both the petitions are called, Mr.Chintan A. Sheth and Mr.Sagar R. Sheth, who were not present on 20.02.2025 and not signed the Reconstitution Partnership and Retirement deed and the Settlement Agreement are present. They have sought permission, to affix their signature, the counsel representing the parties have identified the persons as the same persons named in the said documents referred supra, they are permitted to affix their signatures, with the present date. 9 Accordingly, they have affixed their signatures, which have been identified by their respective counsel. 8. Upon enquiry, the parties have stated that they have gone through the entire documents referred supra and they have subscribed their signature after consenting to the terms contained in the said documents with free volition, as true and correct. 9. In view of the memo and the documents annexed to the memo, both the petitions stated supra are disposed of. The documents annexured to the memo shall be considered as part and parcel of the order and the Lok-adalat is hereby directed to issue copy accordingly, in terms of the order as well as the documents referred supra. 10. Sri.Rakshith, learned counsel appearing for the continuing partners in W.P.No.20308/2023 submits that the original Reconstitution Partnership and Retirement deed and the Settlement Agreement be returned to the petitioners, as the 10 same are required for their further actions, in view of continuation of the partnership firm. 11. In view of the same, the Office is directed to return the original Reconstitution Partnership and Retirement deed and the Settlement Agreement, after securing the certified copy of the same in substitute of the original documents. Sd/- JUDGE Sd/- MEMBER MH/-