Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44979 WP No. 17167 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17167 OF 2024 (GM-RES) BETWEEN:
SRI. VENKATESH C AGED ABOUT 56 YEARS, S/O SRI. CHIKKA PUTTAPPA RESIDING AT NEHRU EXTENSION, MALUR TOWN, MALUR TALUK KOLAR DISTRICT – 563 130.
…PETITIONER (BY SRI. C SHANKAR REDDY, ADVOCATE)
AND:
1.
SRI. G. JANARDHAN REDDY S/O LATE GURUMURTHY REDDY, AGED ABOUT 69 YEARS, RESIDING AT FLAT NO. G-04, BRIGADE JACARANDA 14TH MAIN ROAD, HAL 2ND STAGE, BENGALURU – 560 008.
2.
MS. ARCHANA AGED ABOUT 36 YEARS, D/O SRI. VENKATESH
3.
SRI. SRIRAM AGED ABOUT 34 YEARS, S/O SRI. VENKATESH
4.
SRI. KISHEN AGED ABOUT 31 YEARS, S/O SRI. VENKATESH
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44979 WP No. 17167 of 2024
RESPONDENTS 2 TO 4 ARE RESIDING AT RESIDING AT NEHRU EXTENSION, MALUR TOWN, MALUR TALUK KOLAR DISTRICT – 563 130.
…RESPONDENTS (BY SRI. ROHIT V R, ADVOCATE FOR SMT. UDITA RAMESH, ADVOCATE FOR R1;
V/O DT: 8/8/24, NOTICE TO R2 & R4 IS O/W;
V/O DT: 22/08/24, NOTICE TO R2 IS O/W)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 28.03.2024 PRODUCED AND MARKED AS ANNX-P PASSED IN A.C.NO. 663/2022 PENDING BEFORE THE SOLE ARBITRATOR ETC.
THIS PETITION, COMING ON FOR ORDERS, 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; a. Issue a writ of Certiorari or orders, or reliefs of like nature quashing the impugned
order dated 28.03.2024 produced and marked as ANNEXURE 'P' passed in A.C No.663/2022 pending before the Sole Arbitrator and honourable Sri S.N Navalgund, Retired District Judge, Arbitration Center at Bengaluru, set aside the same and allow the said application filed under Order XI Rule 14 of the Code of Civil Procedure by granting the reliefs sought for. b. Issue a writ of Certiorari or orders, or reliefs of like nature modifying the impugned portion of the order dated 16.05.2024 passed on the application filed by
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HC-KAR NC: 2025:KHC:44979 WP No. 17167 of 2024
the petitioner under Section 63 read with Section 65[a] and [c] of the Evidence Act read with Section 151 of the Code of Civil procedure, produced and marked as ANNEXURE 'P' passed in A.C No.663/2022 pending before the Sole Arbitrator and honourable Sri S.N Navalgund, Retired District Judge, Arbitration Center at Bengaluru and allow the said application in toto. c. Issue a writ of Certiorari or orders, or reliefs of like nature refusing to allowing the petitioner to confront photocopy of the unregistered General Power of Attorney dated 21.10.2016 executed by the petitioner and respondents 2 to 4 in favour of the respondent no.1 as recorded in the deposition dated 27.02.2024, produced and marked as ANNEXURE 'G' in A.C No.663/2022 pending before the Sole Arbitrator and honourable Sri S.N Navalgund, Retired District Judge, Arbitration Center at Bengaluru and allow the petitioner to confront P.W-1, the said document. d. Grant such other reliefs that this honourable court be pleased to grant in the circumstances involved in the case with costs. 2. Essentially what has been sought for in the present matter is the stay of arbitral proceedings on the grounds that the application Order 11 Rule 14 of the Code of Civil Procedure has not been considered in a proper manner by the sole arbitrator. 3. A writ petition challenging an interlocutory order passed in an arbitral proceeding cannot be done, nor is it permissible or sustainable. If at all, the
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HC-KAR NC: 2025:KHC:44979 WP No. 17167 of 2024
petitioner has any grievance as regards any order passed on any interlocutory application the same can be part of the challenge if at all made under Section 34 of the Arbitration and Conciliation Act, 1996. 4. Reserving such liberty, the petition stands disposed of. 5.
In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands
disposed of.
Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 73