- 1 - HC-KAR NC: 2025:KHC:46218 WP No. 6066 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 6066 OF 2023 (GM-RES) BETWEEN: 1. M/S UMRAH DEVELOPERS (A PROPRIETORSHIP FIRM) NO 22/1, KAVERIAPPA LAYOUT MILLER TANK BUND ROAD, BANGALORE-560 002 REPRESENTED BY ITS PROPRIETOR MR. YUSUF SHERIFF @ D. BABU …PETITIONER (BY SRI. GAURAV N., ADVOCATE) AND: 1. M/S. JINDAL STEELS (A PARTNERSHIP FIRM) HAVING ITS REGISTERED OFFICE AT NO.110/7, KRISHNAPPA LAYOUT LALBAGH ROAD, BENGALURU-560 027 REPRESENTED BY ITS MANAGING PARTNER SRI MOHANLAL JINDAL. 2. MR. KUKKAJE RAMAKRISHNA BHAT SOLE ARBITRATOR 1ST MAIN, JUDICIAL OFFICERS LAYOUT SANJAYANAGAR, BENGALURU-560 094. …RESPONDENTS (BY SRI. ABHINAV R., ADVOCATE FOR R1) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46218 WP No. 6066 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.02.2023 ON IA. NO.5 IN A.S.NO.81/2011 PASSED BY THE COURT OF THE 43RD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-44) VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 09.02.2023 on IA No.5 in A.S.No.81 of 2011 on the file of 43rd Additional City Civil and Sessions Judge, Bangalore, vide Annexure-A. 2. Heard the learned counsel appearing for the parties. 3. Having taken note of the submission made by the learned counsel appearing for the parties, the petitioner is a plaintiff in A.S.No.81 of 2011, seeking setting side the award, dated 15.07.2011 in A.C.No.28 of 2010 passed by the Arbitrator. During the course of the proceedings, under Section 34 of the - 3 - HC-KAR NC: 2025:KHC:46218 WP No. 6066 of 2023 Arbitration and Conciliation Act, the petitioner has filed an application in IA No.5, seeking amendment of the pleadings as per Annexure-C to the writ petition. The said application was rejected by the Competent Court as per order dated Annexure-A, which is impugned in this writ petition. 4. Having taken of the submission made by the learned counsel appearing for the parties, the petitioner has sought for amendment of the petition after lapse of 10 years and that apart, bringing new cause action by raising new pleas to the petition, which is not permissible under law. That apart, having taken note of the observation made by the High Court of Bombay in the case of Oil & Natural Gas Corporation Ltd., vs. a Consortium of Sime Darby Engineering Sdn. Bhd., reported in 2021 SCC Online Bom 985 and in the case of Prakash Industries Ltd., vs. Bengal Energy Ltd., and another reported by the High Court of Calcutta, - 4 - HC-KAR NC: 2025:KHC:46218 WP No. 6066 of 2023 reported in 2020 SCC Online Cal 971, I am of the opinion that, that there is no perversity in the order passed by the Trial Court rejecting the application filed by the petitioner, seeking amendment of the petition. It is also to be noted that, the Hon'ble Supreme Court in the case of Deep Industries Ltd., vs. Oil and Natural Gas Corporation Limited and another reported in (2020) 15 SCC 706, held that, such belated application cannot be considered and are barred in law under Section 5 of the Limitation Act. In that view of the matter, I am of the opinion that, no interference is called for in the impugned order dated 09.02.2023 on IA No.5 in A.S.No.81 of 2011 on the file of 43rd Additional City Civil and Sessions Judge, Bangalore, vide Annexure-A. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 25