- 1 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17443 OF 2025 (GM-RES) C/W WRIT PETITION NO. 17448 OF 2025 (GM-RES) WRIT PETITION NO. 17450 OF 2025 (GM-RES) WRIT PETITION NO. 17452 OF 2025 (GM-RES) WRIT PETITION NO. 17463 OF 2025 (GM-RES) IN W.P. No. 17443/2025 BETWEEN: 1. MR GOPALAKRISHNAN NATARAJAN S/O SHRI.S.NATARAJAN, AGED ABOUT 66 YEARS 2. MRS. KALA GOPALAKRISHNAN W/O MR. GOPALAKRISHNAN NATARAJAN AGED ABOUT 64 YEARS BOTH RESIDING AT VILLA 16, THE HILLS, ANGATTA VILLAGE, NANDI HOBLI, KUDUVATHI POST, CHIKKABALLAPUR - 562 103. …PETITIONERS (BY SMT. POONAM PATIL., ADVOCATE) AND: 1. ARBITRATION AND CONCILIATION CENTRE (DOMESTIC AND INTERNATIONAL) BENGALURU, III FLOOR, EAST WING, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001, REPRESENTED BY ITS DIRECTOR. 2. M/S EXPAT PROJECTS AND DEVELOPMENT PVT. LTD. A COMPANY UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO.301-314, NO.01, OLD AIRPORT ROAD, BANGALORE - 560 008 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR EMAIL ID - cmdoffice@expat-group.com 3. MR. SANTOSH BALAKRISHNA SHETTY CHAIRMAN AND MANAGING DIRECTOR M/S EXPAT PROJECTS & DEVELOPMENT PVT LTD, CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO.301-314, NO 01, OLD AIRPORT ROAD, BANGALORE - 560 008. KARNATAKA EMAIL ID-santhosh@expat-group.com 4. MR. VIJENDRA RAO AUTHORIZED SIGNATORY M/S. EXPAT PROJECTS & DEVELOPMENT PVT LTD, CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO 301-314, NO. 01, OLD AIRPORT ROAD, BANGALORE - 560 008. KARNATAKA E MAIL ID - berlyn@expat-group.com - 3 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 5. MR AMITH KUMAR AUTHORIZED SIGNATORY M/S EXPAT PROJECTS & DEVELOPMENT PVT LTD, CARLTON TOWERS A WING, 3RD FLOOR, UNIT NO 301-314, NO 01, OLD AIRPORT ROAD, BANGALORE - 560 008 KARNATAKA EMAIL ID nita@expat-group.com … RESPONDENTS (BY SRI. B PRAMOD, ADVOCATE FOR R1; V/O DATED 19.06.2025, NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION OF SIMILAR NATURE QUASHING THE IMPUGNED ORDER DATED 11.06.2025 PASSED BY RESPONDENT NO. 1 VIDE ANNEXURE-A AND ETC. IN W.P. NO. 17448/2025 BETWEEN: 1. MR GOPALAKRISHNAN NATARAJAN S/O. SHRI S. NATARAJAN, AGED ABOUT 66 YEARS, 2. MRS. KALA GOPALAKRISHNAN W/O. MR. GOPALAKRISHNAN NATARAJAN, AGED ABOUT 64 YEARS, BOTH RESIDING AT VILLA 16, THE HILLS, ANGATTA VILLAGE, - 4 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 NANDI HOBLI, KUDUVATHI POST, CHIKKABALLAPUR-562 103 ... PETITIONERS (BY SMT. POONAM PATIL., ADVOCATE) AND: 1. ARBITRATION AND CONCILIATION CENTRE (DOMESTIC AND INTERNATIONAL) BENGALURU, III FLOOR, EAST WING, KHANIJA BHAVANA RACE COURSE ROAD, BENGALURU-560001 REPRESENTED BY ITS DIRECTOR. 2. M/S. EXPAT PROJECTS & DEVELOPMENT PVT. LTD. A COMPANY UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR EMAIL ID- CMDOFFICE@EXPAT-GROUP.COM 3. MR. SANTOSH BALAKRISHNA SHETTY CHAIRMAN AND MANAGING DIRECTOR, M/S. EXPAT PROJECTS AND DEVELOPMENT PVT. LTD., CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 - 5 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 KARNATAKA EMAIL ID- SANTHOSH@EXPAT-GROUP.COM 4. MR. BERLYN D'SOUZA AUTHORIZED SIGNATORY, M/S. EXPAT PROJECTS AND DEVELOPMENT PVT. LTD., CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 KARNATAKA EMAIL ID- BERLYN@EXPAT-GROUP.COM 5. MR. RAM PRASAD AUTHORIZED SIGNATORY, M/S. EXPAT PROJECTS AND DEVELOPMENT PVT. LTD., CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 KARNATAKA EMAIL ID- NITA@EXPAT-GROUP.COM ... RESPONDENTS (BY SRI. PRAMOD B., ADVOCATE FOR R1; V/O DATED 19.06.2025, NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. QUASH THE IMPUGNED ORDER DATED 11.06.2025 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-A AND ETC. - 6 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 IN W.P. NO. 17450/2025 BETWEEN: 1. MR GOPALAKRISHNAN NATARAJAN S/O. SHRI S. NATARAJAN, AGED ABOUT 66 YEARS, 2. MRS. KALA GOPALAKRISHNAN W/O. MR. GOPALAKRISHNAN NATARAJAN, AGED ABOUT 64 YEARS, BOTH RESIDING AT VILLA 16, THE HILLS, ANGATTA VILLAGE, NANDI HOBLI, KUDUVATHI POST, CHIKKABALLAPUR-562 103 ...PETITIONERS (BY SRI. POONAM PATIL., ADVOCATE) AND: 1. ARBITRATION AND CONCILIATION CENTRE (DOMESTIC AND INTERNATIONAL) BENGALURU, III FLOOR, EAST WING, KHANIJA BHAVANA RACE COURSE ROAD, BENGALURU-560001 REPRESENTED BY ITS DIRECTOR. 2. M/S. EXPAT PROJECTS & DEVELOPMENT PVT. LTD. A COMPANY UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 REPRESENTED BY CHAIRMAN - 7 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 AND MANAGING DIRECTOR EMAIL ID- CMDOFFICE@EXPAT-GROUP.COM 3. MR. SANTOSH BALAKRISHNA SHETTY CHAIRMAN AND MANAGING DIRECTOR, M/S. EXPAT PROJECTS AND DEVELOPMENT PVT. LTD., CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 KARNATAKA EMAIL ID- SANTHOSH@EXPAT-GROUP.COM 4. MR. BERLYN D'SOUZA AUTHORIZED SIGNATORY, M/S. EXPAT PROJECTS AND DEVELOPMENT PVT. LTD., CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 KARNATAKA EMAIL ID- BERLYN@EXPAT-GROUP.COM 5. MR. RAM PRASAD AUTHORIZED SIGNATORY, M/S. EXPAT PROJECTS AND DEVELOPMENT PVT. LTD., CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 KARNATAKA EMAIL ID- NITA@EXPAT-GROUP.COM ... RESPONDENTS (BY SRI. PRAMOD B., ADVOCATE FOR R1; - 8 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 V/O DATED 19.06.2025, NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. QUASH THE IMPUGNED ORDER DATED 11.06.2025 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-A AND ETC. IN W.P. NO. 17452/2025 BETWEEN: 1. MR GOPALAKRISHNAN NATARAJAN S/O. SHRI S. NATARAJAN, AGED ABOUT 66 YEARS, RESIDING AT VILLA 16, THE HILLS, ANGATTA VILLAGE, NANDI HOBLI, KUDUVATHI POST, CHIKKABALLAPUR-562 103 ...PETITIONER (BY SRI. POONAM PATIL., ADVOCATE) AND: 1. ARBITRATION AND CONCILIATION CENTRE (DOMESTIC AND INTERNATIONAL) BENGALURU, III FLOOR, EAST WING, KHANIJA BHAVANA RACE COURSE ROAD, BENGALURU-560001 REPRESENTED BY ITS DIRECTOR 2. M/S. SANCTITY PROJECTS DEVELOPMENT PVT. LTD. - 9 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 A COMPANY UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR EMAIL ID- CMDOFFICE EXPAT-GROUP.COM (THE OFFICE AT THE ADDRESS REFLECTED IN THE AGREEMENT HAS BEEN SHIFTED TO THE ABOVE ADDRESS) 3. MR. SANTOSH BALAKRISHNA SHETTY CHAIRMAN AND MANAGING DIRECTOR, M/S. SANCTITY PROJECTS AND DEVELOPMENT PVT. LTD., CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 KARNATAKA EMAIL ID- SANTHOSH@EXPAT-GROUP.COM 4. MR. DEBANJAN ROY AUTHORIZED SIGNATORY, M/S. EXPAT PROJECTS AND DEVELOPMENT PVT. LTD., CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 KARNATAKA - 10 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 EMAIL ID- BERLYN@EXPAT-GROUP.COM 5. MR. DIWAKAR MYSORE RAMAMURTHYPRASAD AUTHORIZED SIGNATORY, M/S. EXPAT PROJECTS AND DEVELOPMENT PVT. LTD., CARLTON TOWERS, A WING, 3RD FLOOR, UNIT NO. 301-314, NO.1 OLD AIRPORT ROAD, BANGALORE -560008 KARNATAKA EMAIL ID- NITA@EXPAT-GROUP.COM ... RESPONDENTS (BY SRI. PRAMOD B., ADVOCATE FOR R1; V/O DATED 19.06.2025, NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. QUASH THE IMPUGNED ORDER DATED 11.06.2025 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-A AND ETC. IN W.P. NO. 17463/2025 BETWEEN: 1. MR GOPALAKRISHNAN NATARAJAN S/O SHRI S NATARAJAN AGED ABOUT 66 YEARS RESIDING AT VILLA NO. 16, THE HILLS ANGATTA VILLAGE NANDI HOBLI, KUDUVATHI POST CHIKKABALLAPUR - 562103 ...PETITIONER - 11 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 (BY SRI. POONAM PATIL., ADVOCATE) AND: 1. ARBITRATION AND CONCILIATION CENTRE (DOMESTIC AND INTERNATIONAL) BENGALURU III FLOOR EAST WING, KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001 REPRESENTED BY ITS DIRECTOR. 2. M/S EXPAT PROJECTS AND DEVELOPMENT PVT LTD., A COMPANY UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT CARLTON TOWERS A WING 3RD FLOOR, UNIT NO. 301-314 NO.1 OLD AIRPORT ROAD BANGALORE 560008 REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR EMAIL.ID.CMDOFFICE@EXPAT-GROUP.COM 3. MR. SANTOSH BALAKRISHNA SHETTY CHAIRMAN AND MANAGING DIRECTOR M/S EXPAT PROJECTS AND DEVELOPMENT PVT LTD., CARLTON TOWERS A WING 3RD FLOOR, UNIT NO. 301-314 NO.1 OLD AIRPORT ROAD BANGALORE - 560008 KARNATAKA EMAIL.ID.SANTOSH@EXPAT-GROUP.COM - 12 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 4. MR. BERLYN D SOUZA AUTHORIZED SIGNATORY M/S EXPAT PROJECTS AND DEVELOPMENT PVT LTD., CARLTON TOWERS A WING 3RD FLOOR, UNIT NO. 301-314 NO.1 OLD AIRPORT ROAD BANGALORE - 560 008 KARNATAKA EMAIL.ID.BERLYN@EXPAT-GROUP.COM 5. MR. INBASEKARAN S AUTHORIZED SIGNATORY M/S EXPAT PROJECTS AND DEVELOPMENT PVT LTD., CARLTON TOWERS A WING 3RD FLOOR, UNIT NO. 301-314 NO.1 OLD AIRPORT ROAD BANGALORE - 560 008 KARNATAKA EMAIL.ID.NITA@EXPAT-GROUP.COM ... RESPONDENTS (BY SRI. PRAMOD B., ADVOCATE FOR R1; V/O DATED 19.06.2025, NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. QUASH THE IMPUGNED ORDER DATED 11.06.2025 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-A AND ETC. THESE PETITIONS COMING ON FOR FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 13 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 ORAL ORDER 1. All these petitions are taken up together and disposed off by a common order noticing that the claimants and the respondents in the arbitration proceedings in all of these matters are identical except for the family members of the petitioners herein. The petitioners have called in question the correctness of the order at Annexure-A dated 11.06.2025 in all the petitions, whereby the Arbitration Centre making reference to Rule 10(7) of the Arbitration and Conciliation Centre Rules, 2012 has ordered and posted the matter to hear on closure. 2. The relevant facts necessary for adjudicating the present matter is that the claim petition was filed by the petitioners and petitioners are stated to have deposited their share of the fees, as per the Arbitration Centre Rules. 3. It is submitted that the respondents before the Tribunal have not deposited the required fee. In such context, the Director of the Centre has posted the matter to hear on closure while placing reliance on Rule 10(7) of the Arbitration and Conciliation Centre Rules, 2012. Such order is communicated to the petitioners by way of e-mail on 11.06.2025 - 14 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 4. The validity of such order of the Director of Arbitration Centre is challenged on the ground that the petitioners had filed an application under Section 25(b) of the Arbitration and Conciliation Act, 2012 read with Rules of the Centre whereby the petitioners had sought for relief of striking off of defence of the respondent in case the respondent does not comply with the obligation to pay their part of fee. It is submitted that till such application is considered, the question of resorting to closure by reference to Rule 10(7) of the Rules does not arise. 5. Even otherwise, it is submitted that the question of closure of the proceedings is not an eventuality as contemplated under the scheme of the Rules in case of respondent committing default in paying their part of the fees. There is prima facie merit in the contention advanced by the petitioners. 6. Accordingly, it would be appropriate that the orders at Annexure-A in all these petitions are set aside with a further direction that the Director of the Centre ought to consider and pass orders on the interlocutory applications at Annexure-K in all the petitions filed under Section 25(b) of the Arbitration and - 15 - HC-KAR NC: 2025:KHC:28618 WP No. 17443 of 2025 C/W WP No. 17448 of 2025 WP No. 17450 of 2025 WP No. 17452 of 2025 WP No. 17463 of 2025 Conciliation Act as per procedures and Rules. All contentions are kept open. 7. Accordingly, all petitions are disposed off. 8. Needless to state that the said application of the petitioners herein would be decided expeditiously. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 26