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HC-KAR NC: 2026:KHC:11901-DB WP No. 20901 of 2022 C/W WP No. 1065 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 20901 OF 2022 (GM-RES) C/W WRIT PETITION NO. 1065 OF 2023 (GM-RES)
IN WP No. 20901/2022
BETWEEN:
MR. K.R. CHOUDARY S/O LATE SRI. KARJALA GANGI NAIDU, AGED ABOUT 59 YEARS, RESIDING AT 'SAMSKRUTI', NO.24A, 37TH 'A' CROSS ROAD, EIGHTH BLOCK, JAYANAGAR, BANGALORE-560 008. …PETITIONER
(BY SRI. S. SUBRAMANYA, ADVOCATE)
AND:
1. M/S. BRIGADE ENTERPRISES LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 29TH AND 30TH FLOORS, WORLD TRADE CENTER, BRIGAGE GATEWAY CAMPUS, 26/1, DR. RAJKUMAR ROAD,
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:11901-DB WP No. 20901 of 2022 C/W WP No. 1065 of 2023
MALLESHWARAM-RAJAJINAGAR, BANGALORE-560 055. REPRESENTED BY ITS MANAGING DIRECTOR. 2. MRS. S. VENUGOPAL NAIDU S/O LATE MR. S. NAGAMA NAIDU, AGED ABOUT 69 YEARS, NO.9/A, 1ST 'A' CROSS ROAD, 32ND MAIN ROAD, BHAVANI LAYOUT, BANASHANKARI 3RD STAGE, BANGALORE-560 085. 3. MR. P. PANDURANGA RAO S/O MR. P. PUNDARIKAKSHAIAH, AGED ABOUT 61 YEARS, B-O, 'KRISHNA GLADE', 1ST MAIN ROAD, SESHADRIPURAM, BANGALORE-560 020. 4. MR. SIVA SANKARA RAO KANAKAMEDALA S/O LATE MR. VENKATARAMAIAH, AGED ABOUT 63 YEARS, 4, MC BRIDEWAY, BRIDGEWATER, NJ 08807, UNITES STATES OF AMERICA. 5. MR. SANDEEP PINNAMANENI S/O MR. P. SAYYAJI RAO, AGED ABOUT 37 YEARS,
6. MRS. SHILPA PAMIDIMUKKALA W/O MR. SANDEEP PINNAMANENI, AGED ABOUT 37 YEARS,
BOTH ARE RESIDING AT 1010, YORKMONT LANE, APT 614, CHARLOTTE, NC 28217. - 3 -
HC-KAR NC: 2026:KHC:11901-DB WP No. 20901 of 2022 C/W WP No. 1065 of 2023
7. MR. SRINIVAS RAVI S/O MR. MUKTESWARA RAO, AGED ABOUT 50 YEARS,
8. MRS. KALYANI RAVI W/O MR. SRINIVAS RAVI, AGED ABOUT 46 YEARS,
BOTH ARE AT NO.8776, OVERLEA CV, CORDOVA TENNESSEE 38016, UNITED STATES OF AMERICA. PETITIONER 4-8 ARE REPRESENTED BY THEIR DULY CONSTITUTED ATTORNEY
MR. P. PANDURANGA RAO S/O MR. P. PUNDARIKAKSHAIAH, AGED ABOUT 61 YEARS, B-O, 'KRISHNA GLADE', 1ST MAIN ROAD, SESHADRIPURAM, BANGALORE-560 020. 9. MR. V.S. CHANDRASHEKAR S/O SRI. V.S. KUMAR, NO.46, AGED ABOUT 56 YEARS, 9TH CROSS ROAD, 28TH MAIN ROAD, FIRST PHASE, JP NAGAR, BANGALORE-560 078. …RESPONDENTS
(BY SRI.
V. SRINIVASA RAGHAVAN, SENIOR ADVOCATE FOR SMT. SAHANA DEVANATHAN, ADVOCATE FOR R1;
NOTICE TO R2-R9 ARE DISPENSED WITH0)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: (I) CALL FOR RECORDS; (II) ALLOW THE ABOVE WRIT PETITION; (III) QUASH THE MAJORITY DECISION DATED 11.08.2022 OF THE HON'BLE ARBITRAL TRIBUNAL AT ANNEXURE-A IN DISMISSING THE INTERLOCUTORY APPLICATION FILED BY THE CLAIMANTS
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HC-KAR NC: 2026:KHC:11901-DB WP No. 20901 of 2022 C/W WP No. 1065 of 2023
AND SECOND RESPONDENT HEREIN FOR AMENDING THEIR CLAIM STATEMENT; AND ETC. IN WP NO. 1065/2023
BETWEEN:
1. MRS. S. VENUGOPAL NAIDU S/O LATE MR. S. NAGAMA NAIDU, AGED ABOUT 69 YEARS, NO.9/A, 1ST 'A' CROSS ROAD, 32ND MAIN ROAD, BHAVANI LAYOUT, BANASHANKARI 3RD STAGE, BANGALORE-560 085. 2. MR. P. PANDURANGA RAO S/O MR. P. PUNDARIKAKSHAIAH, AGED ABOUT 61 YEARS, B-O, 'KRISHNA GLADE', 1ST MAIN ROAD, SESHADRIPURAM, BANGALORE-560 020. 3. MR. SIVA SANKARA RAO KANAKAMEDALA S/O LATE MR. VENKATARAMAIAH, AGED ABOUT 63 YEARS, 4, MC BRIDEWAY, BRIDGEWATER, NJ 08807, UNITES STATES OF AMERICA. 4. MR. SANDEEP PINNAMANENI S/O MR. P. SAYYAJI RAO, AGED ABOUT 37 YEARS,
5. MRS. SHILPA PAMIDIMUKKALA W/O MR. SANDEEP PINNAMANENI, AGED ABOUT 37 YEARS,
BOTH ARE RESIDING AT 1010, YORKMONT LANE, APT 614, CHARLOTTE, NC 28217. - 5 -
HC-KAR NC: 2026:KHC:11901-DB WP No. 20901 of 2022 C/W WP No. 1065 of 2023
6. MR. SRINIVAS RAVI S/O MR. MUKTESWARA RAO, AGED ABOUT 50 YEARS,
7. MRS. KALYANI RAVI W/O MR. SRINIVAS RAVI, AGED ABOUT 46 YEARS,
BOTH ARE AT NO.8776, OVERLEA CV, CORDOVA TENNESSEE 38016, UNITED STATES OF AMERICA. PETITIONERS 3-7 ARE REPRESENTED BY THEIR DULY CONSTITUTED ATTORNEY
8. MR. V.S. CHANDRASHEKAR S/O SRI. V.S. KUMAR, NO.46, AGED ABOUT 56 YEARS, 9TH CROSS ROAD, 28TH MAIN ROAD, FIRST PHASE, JP NAGAR, BANGALORE-560 078. ...PETITIONERS
(BY SRI. YESHU BABA R MISHRA, ADVOCATE)
AND:
1. M/S. BRIGADE ENTERPRISES LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 29TH AND 30TH FLOORS, WORLD TRADE CENTER, BRIGAGE GATEWAY CAMPUS, 26/1, DR. RAJKUMAR ROAD, MALLESHWARAM-RAJAJINAGAR, BANGALORE-560 055. REPRESENTED BY ITS MANAGING DIRECTOR. - 6 -
HC-KAR NC: 2026:KHC:11901-DB WP No. 20901 of 2022 C/W WP No. 1065 of 2023
2. MR. K.R. CHOUDARY S/O LATE SRI. KARJALA GANGI NAIDU, AGED ABOUT 59 YEARS, RESIDING AT 'SAMSKRUTI', NO.24A, 37TH 'A' CROSS ROAD, EIGHTH BLOCK, JAYANAGAR, BANGALORE-560 008. ...RESPONDENTS
(BY SRI. V. SRINIVASA RAGHAVAN, SENIOR ADVOCATE FOR SMT. SAHANA DEVANATHAN, ADVOCATE FOR R1;
SRI. SUBRAMANYA S. UPASANA, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: (I) CALL FOR RECORDS; (II) ALLOW THE ABOVE WRIT PETITION; (III) QUASH THE MAJORITY DECISION DATED 11.08.2022 OF THE HON'BLE ARBITRAL TRIBUNAL CONSISTING OF MR. JUSTICE L. SREENIVASA REDDY (RETD), MR. JUSTICE ANANDA BYRA REDDY (RETD) AND MR. JUSTICE. A.V. CHANDRASHEKARA (RETD) AT ANNEXURE-M IN DISMISSING THE INTERLOCUTORY APPLICATION FILED BY THE CLAIMANTS AND SECOND RESPONDENT HEREIN FOR AMENDING THEIR CLAIM STATEMENT. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR NC: 2026:KHC:11901-DB WP No. 20901 of 2022 C/W WP No. 1065 of 2023
ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petitions have been fled impugning the order dated 11.08.2022 passed by the Majority of the Arbitral Tribunal on an application I.A.No.5 filed by the petitioner/claimant seeking certain amendments in their claim petition.
2. The learned Tribunal by majority 2:1 has dismissed the said application.
3. We are of the considered view that the petitioners/claimants are not remediless and if the claimant suffers an adverse award on any item, he may take this contention while challenging the award under Section 34 of the Arbitration and Conciliation Act, 1996.
4. We, therefore, do not find any ground to interfere with the impugned order passed by the Tribunal. Accordingly, the writ petitions are disposed of with liberty to take all
contentions including rejection of the
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HC-KAR NC: 2026:KHC:11901-DB WP No. 20901 of 2022 C/W WP No. 1065 of 2023
amendment of the petition while challenging or defending an award which may be passed on conclusion of the arbitral proceedings. Sd/- (D K SINGH) JUDGE
Sd/- (S RACHAIAH) JUDGE
RKA List No.: 1 Sl No.: 13