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2026 DAILYLAW 20995 (KAR)

MR CHIMANLAL TALREJA v. PROPCARE DEVELOPERS PRIVATE LIMITED

CMP/589/2025 · 2026-06-15

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28936 CMP No. 589 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 589 OF 2025 BETWEEN: 1. MR CHIMANLAL TALREJA AGED ABOUT 78 YEARS SON OF LATE SHRI. LALCHAND TALREJA, RESIDING AT NO. 45, NANJAPPA ROAD, SHANTI NAGAR, BENGALURU 560027 …PETITIONER (BY SRI. CHANDAN B.R. REDDY.,ADVOCATE) AND: 1. PROPCARE DEVELOPERS PRIVATE LIMITED (FORMERLY MANTRI DEVELOPERS PRIVATE LIMITED), HAVING REGISTERED ADDRESS AT NO. C-5, RICH HOMES, NO 5/1, RICHMOND ROAD, RICHMOND TOWN, BENGALURU - 560025. REPRESENTED BY ITS DIRECTORS MR. MOHANKUMAR JAYANNA AND MR. METHUKU SRINIVAS 2. SAMMAAN FINSERVE LIMITED (FORMERLY INDIABULLS COMMERCIAL CREDIT LIMITED) HAVING REGISTERED ADDRESS AT NO. 2ND FLOOR PLOT NO-3 BLOCK-A POCKET-2, SECTOR-17 DWARKA RESIDENTIAL Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28936 CMP No. 589 of 2025 SCHEME, DISTRICT COURT COMPLEX DWARKA, SOUTH WEST DELHI 110075. REPRESENTED BY ITS MANAGING DIRECTOR AND CEO MR. RAJIV GANDHI 3. SAMMAAN CAPITAL LIMITED (FORMERLY INDIABULLS HOUSING FINANCE LIMITED) REGISTERED ADDRESS AT NO. A-34, 2ND AND 3RD FLOOR, LAJPAT NAGAR-II, SOUTH DELHI 110 024. REPRESENTED BY ITS MANAGING DIRECTOR MR. GAGAN BANGA 4. OMKARA ASSETS RECONSTRUCTION PRIVATE LIMITED REGISTERED ADDRESS AT NO.9, M.P. NAGAR FIRST STREET, KONGU NAGAR EXTENSION TIRUPUR TAMIL NADU 641607. REPRESENTED BY ITS DIRECTOR MR. CHAITYA LALIT ADANI 5. MR. BSN HARI AGED ABOUT 70 YEARS, SON OF LATE SHRI. BN SATYANNA, RESIDING AT NO. 473, 9TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU - 560 011 ALSO AT: NO.1, GUTTE ANJANEYA TEMPLE STREET HOSUR ROAD, WILSON GARDEN, BENGALURU - 560027 6. MR. JAVED HAROON, AGED ABOUT 61 YEARS, SON OF LATE SHRI. SYED ALI, RESIDING AT NO.1, GUTTE ANJANEYA TEMPLE STREET, - 3 - HC-KAR NC: 2026:KHC:28936 CMP No. 589 of 2025 HOSUR ROAD, WILSON GARDEN, BENGALURU - 560027. ALSO AT : NO. 20, 30TH CROSS, BANNERGHATTA ROAD LAYOUT, JAYANAGAR, BENGALURU 560041 7. MR. NASEER HUMAYUN AGED ABOUT 62 YEARS, SON OF LATE SHRI. SYED ALI, RESIDING AT NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR ROAD, WILSON GARDEN, BENGALURU - 560027. ALSO AT: NO. 82 AND 83, FERNS RESIDENCY, K NARAYANAPURA CROSS ROAD, KOTHANUR, BENGALURU 560 077 8. NAVA KARNATAKA PROPERTY HOLDINGS PRIVATE LIMITED HAVING REGISTERED ADDRESS AT NO. 696, 21ST CROSS, II SECTOR H.S.R. LAY0UT BENGALURU - 560102. ALSO AT: NO.232 /C, GROUND FLOOR, 2ND MAIN 7TH CROSS, KORAMANGALA 4TH BLOCK, BENGALURU 560034. REPRESENTED BY ITS DIRECTOR MR.HULIMANGALA VIJAYARAGHAVAREDDY 9. MR. K LOKESH AGED ABOUT 50 YEARS, SON OF LATE SHRI. KRISHNAPPA, RESIDING AT NO. 69, NAGARESHWARA NAGENAHALLI, K NARAYANAPURA MAIN ROAD, - 4 - HC-KAR NC: 2026:KHC:28936 CMP No. 589 of 2025 SRK NAGAR POST, BENGALURU - 560 077 10. SMT. K NANDINI AGED ABOUT 43 YEARS WIFE OF MR. K LOKESH, RESIDING AT 69, NO. NAGARESHWARA NAGENAHALLI, K NARAYANAPURA SRK NAGAR POST, MAIN ROAD, BENGALURU - 560 077 11. MR. K MANJUNATH AGED ABOUT 47 YEARS, SON OF LATE SHRI. KRISHNAPPA, RESIDING AT NO. 69, NAGARESHWARA NAGENAHALLI, K NARAYANAPURA MAIN ROAD, SRK NAGAR POST, BENGALURU 560 077 12. MR. S SOMASHEKHAR AGED ABOUT 57 YEARS, SON OF LATE SHRI. SONNAPPA, RESIDING AT KOTHANUR VILLAGE K.R. PURAM HOBLI BANGALORE EAST TALUK BENGALURU - 560077. ALSO AT: NO. 188, HOMBALE NILAYA, OPPOSITE DINANILAYA CONVENT, KOTHANUR, BENGALURU 560 077 13. SMT. POALA RAVISHANKAR, AGED ABOUT 62 YEARS, WIFE OF MR. D RAVISHANKAR, RESIDING AT NO. L-3, LIC HOUSING SCHEME, JP NAGAR, 1ST PHASE, BENGALURU 560 078. ALSO AT: NO.1, GUTTE ANJANEYA TEMPLE STREET, - 5 - HC-KAR NC: 2026:KHC:28936 CMP No. 589 of 2025 HOSUR MAIN ROAD, WILSON GARDEN, BANGALORE 560 027 14. LATE MRS. B S LEELAVATHI (DECEASED AND REPRESENTED BY HER LEGAL HEIR) MR. BSN HARI RESIDING AT NO. 473, 9TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU 560011 ALSO AT: NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR MAIN ROAD, WILSON GARDEN, BANGALORE 560 027 15. SMT. ALMITRA H. PATEL, AGED ABOUT 88 YEARS, WIFE OF SHRI. HOSHANG COOVERJI PATEL, RESIDING AT NO. 50, KOTHANUR, BAGALUR ROAD, K.R. PURAM, BANGALORE - 560 077 16. SMT. LOUISA RODRIGUES, AGED ABOUT 94 YEARS, WIFE OF LATE SHRI. MANUAL RODRIGUES, RESIDING AT NO. 283, AMMA, 7TH CROSS, JAYANAGAR, 7TH BENGALURU - 560 011. ALSO AT: NO.1, HARA HOUSE, GUTTE ANJANEYA TEMPLE STREET, HOSUR MAIN ROAD, WILSON GARDEN, BENGALURU 560 027 17. MR. D. RAVISHANKAR AGED ABOUT 70 YEARS, SON OF LATE SHRI. D. KAMESH, RESIDING AT NO. L-3, LIC HOUSING SCHEME, JP NAGAR, 1ST PHASE, BENGALURU 560078. - 6 - HC-KAR NC: 2026:KHC:28936 CMP No. 589 of 2025 ALSO AT: NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR MAIN ROAD, WILSON GARDEN, BENGALURU - 560 027 …RESPONDENTS (BY SRI. ANISH ACHARYA.,ADVOCATE FOR R1 SRI. CHINTAN CHINNAPPA, ADVOCATE FOR C/R4; SRI. HEMAVATHI, ADVOCATE FOR R2 & R3; R6 AND R7 SD THROUGH POSAL TRACK R9 AND R11 ARE SERVED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRAL TRIBUNAL CONSISTING OF THREE ARBITRATORS IN TERMS OF THE ARBITRATION AGREEMENT UNDER CLAUSE 30 OF THE JOINT DEVELOPMENT AGREEMENT DATED 29.06.2013 (ANNEXURE-B), AS APPOINTED BY THE ARBITRATION AND CONCILIATION CENTRE-BENGALURU (DOMESTIC AND INTERNATIONAL, BENGALURU AND AS GOVERNED BY THE ARBITRATION AND CONCILIATION CENTRE RULES, 2012 OR APPOINT A SOLE ARBITRATOR, AS APPOINTED BY THE ARBITRATION AND CONCILIATION CENTRE-BENGALURU (DOMESTIC AND INTERNATIONAL, BENGALURU AND AS GOVERNED BY THE ARBITRATION AND CONCILIATION CENTRE RULES, 2012. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2026:KHC:28936 CMP No. 589 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The learned counsel for the petitioner has filed a memo which reads as under. "The petitioner and Respondent No.1 have entered into a settlement agreement dated 13.04.2026 wherein the parties to the lis have amicably resolved disputes inter se between them. As per the settlement agreement, Respondent No.1 has agreed to pay a sum of Rs.17,00,00,000/- (Rupees Seventeen Crore only) by means of Cheque as per Schedule - C of the Agreement towards full and final settlement. A copy of the Settlement Agreement is produced herewith along with this memo. WHEREFORE, it is prayed that this Hon'ble Court be pleased to permit the Petitioner to withdraw the present proceedings subject to compliance of the terms of Settlement Agreement dated 13.04.2026." In view of the memo, the petition stands dismissed as withdrawn. Sd/- (B M SHYAM PRASAD) JUDGE RB