SKYLINE CONSTRUCTIONS AND HOUSING PVT. LTD., v. MR. ULLHAS FRANCIS DESOUZA
CMP/110/2024 · 2025-11-14
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42182 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42182 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46827 CMP No. 110 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 110 OF 2024 BETWEEN:
SKYLINE CONSTRUCTIONS AND HOUSING PVT. LTD., 206 AND 207 SOPHIA'S CHOICE, ST MARK ROAD, BENGALURU- 560 001 REPRESENTED BY ITS DIRECTOR, MR. AVINASH PRABHU. …PETITIONER (BY SRI. J P DARSHAN.,ADVOCATE)
AND:
1.
MR. ULLHAS FRANCIS DESOUZA S/O MR V.S D'SOUZA AGED ABOUT 70 YEARS, RESIDING AT 802, A BLOCK, KRISTAL BERYL, NEAR HIMIGIRI MEADOWS BANNERGHATTA ROAD, BANGALORE- 560 083.
2.
MRS INDIRA DESOUZA W/O MR ULLHAS FRANCIS DESOUZA AGED ABOUT 70 YEARS, RESIDING AT 802, A BLOCK, KRISTAL BERYL, NEAR HIMIGIRI MEADOWS BANNERGHATTA ROAD, BANGALORE- 560 083. …RESPONDENTS
THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:46827 CMP No. 110 of 2024
PRAYING TO PASS AN ORDER OF INJUNCTION1 APPOINT SOLE ARBITRATOR TO DETERMINE AND ADJUDICATE THE DISPUTE BETWEEN THE PARTYS ACCORDANCE WITH ARBITRATION CLAUSE 29 IN AGREEMENT OF SALE DATED 16.08.2012 AS PRODUCED AS ANNEXURE C AND WITH PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996.
THIS PETITION, COMING ON FOR ADMISSION, 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:
“i. Appoint Sole Arbitrator to determine and adjudicate the dispute between the party’s accordance with arbitration clause 29 in agreement of Sale dated 16.08.2012 as produced as Annexure-C and with provisions of the arbitration and Conciliation Act, 1996. ii. Grant such other relief/s as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity. iii. Award costs, in the interest of justice and equity.”
2. After arguing for some time, learned counsel for the petitioner seeks permission to withdraw the above petition, with liberty to issue fresh notice to the current and proper address of the respondent.
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HC-KAR NC: 2025:KHC:46827 CMP No. 110 of 2024
3. Registry is directed to return the originals and all certified copies that have been produced, by following due process.
4. Reserving such liberty, petition stands dismissed as withdrawn.
SD/- (SURAJ GOVINDARAJ) JUDGE
JJ List No.: 1 Sl No.: 2