Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 90984 (KAR)

SMT. RATHNAMMA v. M/S G K SHLETERS PRIVATE LIMITED

CMP/300/2025 · 2025-11-07

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45991 CMP No. 300 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7THDAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 300 OF 2025 BETWEEN: SMT.RATHNAMMA, W/O LATE GIRIRAJE GOWDA, SINCE DECEASED REP BY HIS LR’S i.e, PETITIONER NO.1,5,9 & 13 1. MR. C G CHANNAKESHAVA S/O LATE. GIRIRAJEGOWDA AGED ABOUT 73 YEARS 2. MRS. VASANTHI KESHAVA W/O C.G CHANNAKESHAVA AGED ABOUT 60 YEARS 3. MR. CHETHAN C S/O C.G CHANNAKESHAVA AGED ABOUT 39 YEARS 4. MR. ROSHAN C S/O C.G CHANNAKESHAVA AGED ABOUT 37 YEARS PETITIONER NOS.1 TO 4 ARE RESIDING AT PLOT NO. 889, 1ST BLOCK, 1ST CROSS, RAMAKRISHNA NAGAR, MYSORE 570 022. 5. MR. C.G CHINNA SWAMY S/O LATE. GIRIRAJEGOWDA AGED ABOUT 71 YEARS 6. MRS. INDUMATI W/O C.G CHINNASWAMY AGED ABOUT 62 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45991 CMP No. 300 of 2025 7. MRS. VINAYA CHINNASWAMY D/O C.G CHINNASWAMY AGED ABOUT 38 YEARS 8. SMT. SOUMYA CHINNASWAMY D/O C.G CHINNASWAMY AGED ABOUT 36 YEARS, REPRESENTED BY HER GPA HOLDER (FATHER) SRI.C.G.CHINNASWAMY PETITIONER NOS.5 TO 8 ARE RESIDING AT NO.705, HMT LAYOUT, V.B NAGAR,R.T NAGAR, BENGALURU - 560 032 9. MR. C.G PURUSHOTHAM S/O LATE. GIRIRAJEGOWDA AGED ABOUT 69 YEARS 10. MRS. USHA P W/O MR. C.G PURUSHOTHAM, AGED ABOUT 59 YEARS 11. MR. NITHIN PURUSTHOTHAM S/O MR. C.G PURUSHOTHAM, AGED ABOUT 37 YEARS 12. MRS. POOJITHA PURUSTHOTHAM D/O MR. C.G PURUSHOTHAM, AGED ABOUT 35 YEARS, PETITIONER NOS.9 TO 12 ARE RESIDING AT NO.146, 6TH MAIN, 3RD STAGE, GOKULAM, MYSORE - 570 002 13. MRS. SWARAJYA LAKSHMI D/O LATE. GIRIRAJEGOWDA AGED ABOUT 61YEARS, RESIDING AT BHUVANA NURSING HOME, SUNDAR NAGAR, GOKUL EXTENSION, BANGALORE - 560 054 …PETITIONERS (BY SRI.SRIRANGA.S, SR.ADVOCATE FOR SMT.SUMANA NAGANAND) AND: 1. M/S G K SHLETERS PRIVATE LIMITED - 3 - HC-KAR NC: 2025:KHC:45991 CMP No. 300 of 2025 A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS OFFICE AT NO. 27, 9TH MAIN ROAD, JAYANAGAR 3RD BLOCK, BANGALORE - 560 011 2. SMT.MUNIYAMMA, W/O SRI.M.ABBANNA, AGED ABOUT 68 YEARS 3. SMT.CHALLAMMA W/O SRI. M.ABBANNA, AGED ABOUT 64 YEARS 4. SRI.C.A.KRISHNAMURTHY S/O SRI.M.ABBANNA, AGED ABOUT 52 YEARS 5. SMT.KAMALA W/O SRI.C.A.KRISHNAMURTHY AGED ABOUT 43 YEARS 6. SRI.C.K.SRIKANTH S/O SRI.C.A.KRISHNAMURTHY AGED ABOUT 28 YEARS 7. SRI.C.K.PRASHANTH S/O SRI.C.A.KRISHNAMURTHY, AGED ABOUT 26 YEARS 8. SRI.C.A.SRINIVAS S/O SRI M.ABBANNA, AGED ABOUT 50 YEARS 9. SMT.BHAGYAMMA W/O SRI.C.A.SRINIVAS AGED ABOUT 43 YEARS 10. MS.C.S.ANU D/O SRI.C.A.SRINIVAS AGED ABOUT 29 YEARS 11. MS.C.S.ARCHITHA D/O SRI.C.A.SRINIVAS - 4 - HC-KAR NC: 2025:KHC:45991 CMP No. 300 of 2025 AGED ABOUT 27 YEARS 12. SRI.C.S.AKSHAY KUMAR S/O SRI.C.A.SRINIVAS, AGED ABOUT 25 YEARS 13. SRI.C.A.MOHAN KUMAR S/O SRI.M.ABBANNA, AGED ABOUT 43 YEARS 14. SMT.NETHRAVATHI W/O SRI.C.A.MOHAN KUMAR AGED ABOUT 35 YEARS 15. MASTER C.M.CHAITYANYA MOHAN KUMAR S/O SRI.C.A.MOHAN KUMAR, AGED ABOUT 14 ½ YEARS, REPRESENTED BY HIS NATURAL GUARDIAN FATHER SRI.C.A.MOHAN KUMAR APPELLANT NO.2 TO 15 ARE ALL RESIDING AT NO.31, MANJUSHRINILAYA, CHANNASANDRA VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE-560049. …RESPONDENTS THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN APPROPRIATE ARBITRAL TRIBUNAL TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENT IN TERMS OF CLAUSE NO.22 OF JOINT DEVELOPMENT AGREEMENT DATED 2.07.2012 (ANNEXURE - A). THIS CMP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 5 - HC-KAR NC: 2025:KHC:45991 CMP No. 300 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. To appoint an appropriate Arbitral Tribunal to adjudicate upon the disputes that have arisen between the Petitioners and the Respondent in terms of Clause 22 of Joint Development Agreement dated 2.07.2012 (Annexure - A). b. Grant costs of these proceedings. c. Pass such other further orders as this Hon’ble Court may deem fit, just and appropriate, in the interests of justice. 2. A perusal of the notice under Section 21 of the Arbitration and conciliation Act indicates, the same has not been issued to all the parties to the Joint Development Agreement. 3. Reserving liberty to the petitioner to issue fresh notice to all the parties and approach this Court, if necessary, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 83