- 1 - HC-KAR NC: 2025:KHC:33089-DB WP No. 23651 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 23651 OF 2025 (GM-RES) BETWEEN: SRI. SABBINENI SUBHASH S/O.LATE.CHINNAIAH SABBINENI, AGED ABOUT 59 YEARS, RESIDENT OF FLAT NO.401, NO.8-2-684/5/R/164, ALANKRIT APARTMENTS, GULMOHANAR AVENUE, BANARA HILLS, HYDERABAD-500 034. …PETITIONER (BY SRI. BALARAJ A C.,ADVOCATE) AND: 1. MR.NIRAJ JHA, S/O.ANIL KUMAR JHA, AGED ABOUT 58 YEARS, PARTNER, M/S. RIDRI HOSPITALITY LLP, (HOOT CAFE AND BREWERY), HAVING PLACE OF BUSINESS AT BBM.2043/69, SARJAPURA MAIN ROAD, BLOCK-2, KAIKONDRAHALLI, VARTHUR HOBLI, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33089-DB WP No. 23651 of 2025 BENGALURU-560 035. 2. SMT. SUPRABHA KRISHNA, W/O.NARAYANA VENKAT KRISHNA, AGED ABOUT 72 YEARS, RESIDENT OF NO.8-2-688/B/4. OPP.KAMAN BANJARA HILLS, ROAD NO.12, HYDERBAD, TELANGANA-500 034. 3. MR.ASKHAY JAIN, S/O.DHARMA PAL JAIN, AGED ABOUT 58 YEARS, RESIDENT AT B1/10, PHASE-1, GURGOAN, HARYANA-122 001. 4. MR.SHITAL KUMAR RANDER, S/O.TEJ PRAKASH RANDER, AGED ABOUT 50 YEARS, RESIDENT AT 15, "C" BHAGAWATI SADAN, OPP. LAXMI MANDIR CINEMA, TANK ROAD, JAIPUR-302-105. 5. MR.TARUN KEWAL PRAKASH JAIN, S/O.KEWAL PRAKASH GENDILAJI JAIN, AGED ABOUT 52 YEARS, RESIDENT AT F13/3, UPPER GROUND FLOOR, MODEL TOWN PART-2, MODEL TOWN II, NORTH WEST DELHI, DELHI-110 009. 6. RIDRI HOSPITALITY LLP., INCORPORATED UNDER LIMITED LIABILITY PARTNERSHIP ACT, 2008, HAVING ITS REGISTERED OFFICE AT - 3 - HC-KAR NC: 2025:KHC:33089-DB WP No. 23651 of 2025 NO.3, DREAM VALLEY, 8-1405/A/3, SHAIKPET, NEAR OSMAMIA UNIVERSITY COLONY, HYDERBAD-500 089, ALSO OFFICE AT FLAT NO.401, NO.8-2-684/5/R/164, ALANKRIT APARTMENTS, GULMOHAR AVENUE, BANARA HILLS, HYDERBAD-560 034, REPRESENTED BY ITS DESIGNATED PARTNER, SRI.SUBASH. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED BY THE HONBLE ARBITRATOR IN A.C No-179/2023 (CMP No-341/2018) DATED 15.07.2025 VIDE ANNEXURE-J AND ISSUE ANY WRIT OR DIRECTION, DIRECTING THE HONBLE ARBITRATOR TO PERMIT THE PETITIONER TO PRODUCE THE ADDITIONAL DOCUMENTS AND ALSO TO GRANT PERMISSION TO LEAD FURTHER EVIDENCE FOR MARKING THOSE DOCUMENTS THROUGH RW-1 BY ALLOWING THE APPLICATIONS DATED 02.07.2025 VIDE ANNEXURES-D, E, AND F ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA - 4 - HC-KAR NC: 2025:KHC:33089-DB WP No. 23651 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This petition has been filed seeking the following relief: "WHEREFORE, the petitioner respectfully prays that this Hon'ble Court be pleased to: i) Issue a writ in the nature of certiorari and quash the impugned order passed by the Hon'ble Arbitrator in A.C.No.179/2023 (CMP.No.341/2018) dated 15.07.2025 vide Annexure-J; ii) Issue any writ or direction, directing the Hon'ble Arbitrator to permit the petitioner to produce the additional documents and also to grant permission to lead further evidence for marking those documents through RW-1 by allowing the applications dated 02.07.2025 vide Annexures-D, E and F; iii) Consecutively,, set aside the impugned order passed by the Hon'ble Arbitrator, in A.C.No.179/2023 (CMP.No.341 of 2018) dated 15.07.2025 vide Annexure-J and allow the applications filed by the petitioner vide Annexures-D, E and F in the above proceedings for producing the additional documents and also to lead further evidence for marking those documents; iv) Issue such other writ, order or directions as deems fit in the circumstances of the case and allow the above writ petition, in the interest of justice and equity". 2. It appears that in A.C.No.179/2023, the order impugned dated 15.07.2025 has been passed. The order - 5 - HC-KAR NC: 2025:KHC:33089-DB WP No. 23651 of 2025 impugned records that the interim applications had been filed at a belated stage after the process of evidence was concluded and RW-1 was cross-examined on his Proof Affidavit in lieu of examination-in-chief dated 24.03.2025 and on that day itself and again on 02.05.2025 at the stage of final hearing. It was admitted that the documents sought to be produced were available with the respondent at the time of filing of his statement of defence, which was filed before the Tribunal on 30.10.2023 and with which the counter-claim was also filed by the respondent. It is noted that the date fixed on 02.05.2025 was made subject to payment of cost of Rs.20,000/- when the cross- examination of RW-1 was concluded. It was noted that there was no demand of cross-examination of the said witness from the side of the learned counsel for the claimant and therefore there was no justification to recall the said witness for further evidence on his part, nor the proceedings could be allowed to be delayed by endless filing of documents without any respect for the timelines and stage of the proceedings. Accordingly, the IAs filed by the respondents were rejected. - 6 - HC-KAR NC: 2025:KHC:33089-DB WP No. 23651 of 2025 3. The petitioner has also not demonstrated the maintainability of this writ petition in view of the provisions of Section 5 of the Arbitration and Conciliation Act, 1996. 4. For the reasons aforesaid, this petition warrants no interference and is accordingly dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 19