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2025 DAILYLAW 61175 (KAR)

SMT. KASTURAVVA W/O SIDDAPPA HIRAKANNAVAR v. M/S FIVE STAR BUSINESS

WP/105223/2025 · 2025-07-31

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9478 WP No. 105223 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105223 OF 2025 (GM-RES) BETWEEN: 1. SMT. KASTHURAVVA W/O. SIDDAPPA HIRAKANNAVAR, OCC: HOUSEHOLD WORK, R/O: HANAMANERI INAM, TQ: BADAMI, DIST: BAGALKOT – 587 204. 2. ADIVEPPA S/O. SIDDAPPA HIRAKANNAVAR, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: HANAMANERI INAM, TQ: BADAMI, DIST: BAGALKOT – 587 204. 3. SIDDAPPA S/O. ADIVEPPA HIRAKANNAVAR, OCC: AGRICULTURE, R/O: HANAMANERI INAM, TQ: BADAMI, DIST: BAGALKOT – 587 204. …PETITIONERS (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) AND: M/S. FIVE-STAR BUSINESS FINANCE LTD., REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. MUTTANNA S/O. SHANKARAPPA PAWAR, AGE: 37 YEARS, OCC: LEGAL MANAGER, # 1ST FLOOR, ZEEKAY COMPLEX, NEHARU NAGAR, ABOVE MORE SUPER MARKET, GOKUL ROAD, HUBBALLI – 580 030. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED AWARD DATED 05/07/2023, IN ACP (CNICA 5 STAR) NO.38/2023 PASSED BY THE SOLE ARBITRATOR VIDE ANNEXURE-A TO MEET THE ENDS OF JUSTICE AND ETC., ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Date: 2025.08.01 15:06:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9478 WP No. 105223 of 2025 this writ petition is coming on for preliminary hearing, this day, order was made therein as under: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue writ of certiorari quashing the impugned Award dated 05/07/2023, in ACP (CNICA 5 STAR) No.38/2023 passed by the sole arbitrator vide Annexure-A to meet the ends of justice. ii. Pass any other suitable order under the facts and circumstances as deems fit by this Hon’ble Court. 2. What is challenged is an award passed by an arbitrator. The petitioners have an alternative efficacious remedy of challenge to the award under Section 34 of the Arbitration and Conciliation Act, 1996. Reserving such liberty, petition stands disposed of. - 3 - HC-KAR NC: 2025:KHC-D:9478 WP No. 105223 of 2025 In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. SD/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-ASC List No.: 1 Sl No.: 67