Dismissed

M/S Slv Estates v. S K Janardhan Rao Salghur

Karnataka HC29 Mar 2021CMP/111/2021

Case brief

AI extract

What is this about?

This civil miscellaneous petition sought the appointment of an arbitrator under Section 11(5) of the Arbitration and Conciliation Act. The court dismissed the petition as the petitioner filed a memo praying for its withdrawal due to an amicable settlement between the parties.

What did the court decide?

Permission to withdraw the petition was granted; the petition is dismissed.

M/S Slv Estates Vs S K Janardhan Rao Salghur — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF MARCH 2021

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BEFORE

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THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CIVIL MISCELLANEOUS PETITION No.111/2021

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BETWEEN:

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M/S. SLV ESTATES A registered partnership firm, Having its registered office at: No.1, Sri Krishna Mansion, Chunchaghatta Main Road, New Bank Colony, Konanakunte, Bengaluru - 560 062 Rep. by its Managing Partner: Shri H. Nagaraja.

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… Petitioner

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(By Smt. Jyothi V., Advocate)

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AND:

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Shri S.K. Janardhan Rao Salghur S/o Late Krishnoji Rao Salghur, Aged about 69 years, R/at: No.972, 4^th 'E' Block, 10^th B Main Road, Rajajinagar, Bengaluru - 560 010. … Respondent

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This Civil Miscellaneous Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 read with Clause 2 of the appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996, praying to appoint any learned retired District Judge, found suitable, as the sole arbitrator for adjudication of dispute that has arisen between the petitioner and the respondent as agreed by them in the Memorandum of Understanding dated 25/09/2017, and etc.

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This Civil Miscellaneous Petition coming on for orders this day, the Court made the following:

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ORDER

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The learned counsel for petitioner has filed a memo for withdrawal of the petition, which reads as hereunder:

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"1. That the Petitioner has filed the Petition based on the Memorandum of Understanding dated 25-09-2017 executed between the Petitioner and the Respondent for grant of exclusive marketing right of sale of sites belonging to the share of the respondent being the owner of the property under Joint Development Agreement between the petitioner and respondent, and since their arises dispute between the parties in lieu of the afore said MOU and exchange of notices were also caused, and the MOU provide resolution by submitting to Arbitration and such decision passed by the sole Arbitrator, shall be binging on both the parties.

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Despite service of legal notice by the Petitioner, the respondent has not caused any response and therefore, aggrieved Petitioner has filed this Petition through its Counsel Shri Praksh T. Hebbar, seeking for appointment of Arbitrator and Civil Miscellaneous Petition (FR) No.194/2020 was numbered before this Hon'ble Court and the Petition is still pending and not listed for admission/hearing.

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2. And subsequently NOC Vakalath has been filed by Smt. Jyothi V. Advocate, KAR 2795/2002, and now at the instance of wellwishers and discussions by and between the parties it is mutually settled the disputes is amicably settled between the parties with execution of some documents.

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3. In view the above the Petitioner and the counsel prays before this Hon'ble Court may please permit the Petitioner to withdraw the above Petition filed as the issue has been resolved between the parties in the interest of justice."

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The memo is placed on record.

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In light of the memo, the petition is dismissed.

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Sd/JUDGE

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Np/-

M/S Slv Estates v. S K Janardhan Rao Salghur

Case brief

What is this about?

What did the court decide?

M/S Slv Estates v. S K Janardhan Rao Salghur

Case brief

What is this about?

What did the court decide?

What the court decided

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