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2026 DAILYLAW 47412 (KAR)

SRI. S RAMESH v. SBI CARDS AND PAYMENTS SAVINGS LTD

WP/10620/2025 · 2026-02-02

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5958 WP No. 10620 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 10620 OF 2025 (GM-CPC) BETWEEN: SRI. S RAMESH S/O SIDDAPPA AGED ABOUT 55 YEARS R/AT DOOR NO. 338/B, 2ND MAIN, 5TH CROSS, RPC LAYOUT, BANGALORE 560040. ACTUALLY RESIDING AT NO.S 826, 2ND STAGE, 7TH MAIN, BEL LAYOUT, KARNATAKA BANK ROAD, NEAR SMART POINT, BHARATH NAGAR, BANGALORE - 560 057 …PETITIONER (BY SRI. AJAY KUMAR M., ADVOCATE) AND: 1. SBI CARDS AND PAYMENTS SAVINGS LTD UNIT NO.401 402, 4TH FLOOR, AGGARWAL MILLENIUM TOWER, E 1,2,3, NETAJI SUBHASH PALACE, WAZIRPUR, NEW DELHI 110 034 REPRESENTED BY ITS POWER OF ATTORNEY RAKESH K. 2. MR. PANKAJ RAI CHOPRA (SOLE ARBITRATOR), NO. 245, LAWYERS CHAMBERS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5958 WP No. 10620 of 2025 DELHI HIGH COURT, NEW DELHI-110003. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE EXECUTION PROCEEDINGS IN EXECUTION CASE NO. 69 OF 2023 PENDING BEFORE THE XXIX ADDL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE AT ANNEXURE-B. DIRECTION DECLARING THAT THE ARBITRAL AWARD IN QUESTION IS UNENFORCEABLE AGAINST THE PETITIONER DUE TO NON-SERVICE OF ARBITRATION NOTICE AND NON-COMMUNICATION OF THE AWARD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: a) Issue a Writ of Certiorari or any other appropriate writ, order or direction quashing the execution proceedings in Execution Case No.69/2023 pending before the XXIX Additional City Civil and Sessions Judge at Bengaluru at Annexure-B. b) Issue a writ of mandamus or any other appropriate writ, order or direction declaring that the arbitral award in question is unenforceable against the petitioner due to non – service of arbitration notice and non communication of the award. Arbitration Case No.PRC-(SEP-10)-3745 of 2010 at Annexure- A. c) Pass such other orders as this Hon’ble Court deems fit in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:5958 WP No. 10620 of 2025 2. Heard learned counsel for the petitioner and perused the material on record. 3. After arguing the matter for sometime, learned counsel for the petitioner submits that the present petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to contest the execution proceedings on merits as well as to take recourse to such remedies as available in law. 4. The aforesaid submission is placed on record. 5. Accordingly, petition is disposed of as withdrawn reserving liberty in favour of the petitioner to contest the execution proceedings on merits in accordance with law. 6. Liberty is also reserved to take recourse to such other remedies as available in law subject to all just exceptions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 29