M/S KISHORE VIDYANIKETAN SOCIETY R v. ARBITRATION AND CONCILIATION CENTRE
WP/19679/2025 · 2025-07-11
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77185 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77185 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25447 WP No. 19679 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19679 OF 2025 (GM-CPC) BETWEEN:
M/S. KISHORE VIDYANIKETAN SOCIETY (R), OFFICE AT SILICON VALLEY SCHOOL, 'C' BLOCK, OPPOSITE SAI BABA TEMPLE, NEAR KODIGEHALLI, SAHAKARA NAGAR, BENGALURU – 560 092,
REPRESENTED BY ITS AUTHORISED SIGNATORY/DIRECTOR, MR. NAGARAJU, S/O LATE BOMMAIAH, AGED ABOUT 77 YEARS, HAVING OFFICE AT SILICON VALLEY SCHOOL, 'C' BLOCK, OPPOSITE SAI BABA TEMPLE, NEAR KODIGEHALLI, SAHAKARA NAGAR, BENGALURU – 560 092.
…PETITIONER (BY SRI. SKANDA KUMAR, ADVOCATE FOR SRI. M.D.RAGHUNATH, ADVOCATE)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:25447 WP No. 19679 of 2025
AND:
1.
ARBITRATION AND CONCILIATION CENTRE OFFICE AT 3RD FLOOR, EAST WING, 'KHANIJA BHAVANA', RACE COURSE ROAD, BENGALURU - 560001.
REPTD. BY ITS DIRECTOR MAIL ID: arbkarblr@gmail.com PHONE NO. 08022954571
…RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WP ON COSTS. DIRECTING THE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-83) VIDE COMM. A.A NO.265/2025 FOR ALLOWING THE INTERLOCUTORY APPLICATIONS FILED BY THE PETITIONER VIDE ANNEXURE-C AND C1 AND DIRECT FOR SPEEDY DISPOSAL OF COMM.A.A NO.265/2025 INSTITUTED BEFORE THE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-83).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:25447 WP No. 19679 of 2025
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court, seeking the following prayer:
"a) Allow the Writ Petition on costs. b) Issue a Writ of Mandamus by directing the LXXXII Addl City Civil & Sessions Judge, at Bengaluru (CCH-83) vide COMM.A.A. No.265/2025 for allowing the Interlocutory applications filed by the Petitioner vide 'ANNEXURE C & C1' and direct for speedy disposal of COMM.A.A. No.265/2025 instituted before the LXXXII Addl City Civil & Sessions Judge, at Bengaluru (CCH-83). c) Any other writs/reliefs as deemed fit by this Hon'ble Court."
2. Heard Sri. Skanda Kumar,
learned counsel appearing for the petitioner and have perused the material on record.
3. An arbitration case in A.C.No.659/2023 is instituted, wherein the petitioner was made a party respondent. Later, the parties before the Arbitrator, file an application contending that the petitioner was not a necessary party and therefore, he be deleted. He was then deleted from the
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HC-KAR NC: 2025:KHC:25447 WP No. 19679 of 2025
proceedings. Now the claim is partially saddled upon the petitioner, who was not a party to the proceedings.
4. The issue in the lis is not with regard to the merit of the matter. To challenge the said order, the petitioner would require a certified copy. For issuance of a certified copy, it shall be only in terms of Section 39(2) of the Arbitration and Conciliation Act, 1996 ('the Act' for short), which requires deposit to be made to receive certified copies.
5. The respondent has declined to accept the plea of the petitioner for certified copies on the score that there is no Demand Notice issued by the Arbitration Centre. The Demand Notice cannot be issued in the case at hand, as he was deleted from the array of parties.
6. In that light, if the petitioner is wanting certified copies of the award to raise a challenge since he has now been saddled upon certain liability, the respondent shall furnish the same strictly in consonance with 39(2) of the Act without brooking any further delay.
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HC-KAR NC: 2025:KHC:25447 WP No. 19679 of 2025
With aforesaid observations, the petition stands disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 50