Dismissed

M/S Westbury Hospitality Private Limited v. Mr. G.V. Chandrasekhar

Karnataka HC17 Mar 2021CMP/181/2020

Case brief

AI extract

What is this about?

Petitioners filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint a sole arbitrator. The court noted that the petition was dismissed as withdrawn upon the parties entering into a fresh Supplemental Agreement, with liberty to approach the court in pursuance of the new agreement.

What did the court decide?

Petition dismissed as withdrawn with liberty to approach the court pursuant to the Supplemental Agreement dated 01.01.2021.

M/S Westbury Hospitality Private Limited Vs Mr. G.V… — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF MARCH, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

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CIVIL MISCELLANEOUS PETITION No. 181/2020

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BETWEEN:

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M/S WESTBURY HOSPITALITY PRIVATE LIMITED A PRIVATE LIMITED COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 10001, ANTRIKSH BHAWAN, 22 K.G.MARG, NEW DELHI - 110 001 REPRSENTED BY ITS DIRECTOR, MR.ABHISHEK LUTHRA, S/O VIPIN LUTHRA, AGED ABOUT 29 YEARS.

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MR. VIPIN LUTHRA S/O LATE V.P.LUTHRA, AGED ABOUT 59 YEARS, HAVING ITS OFFIC AT NO.10001 ANTRIKSH BHAWAN, 22, K.G.MARG NEW DLEHI- 110 001. ... PETITIONERS

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(BY SRI SANJAY NAIR, ADVOCATE)

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AND:

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MR G V CHANDRASEKHAR S/O G.T.VENKATASWAMY REDDY, AGED ABOUT 59 YEARS, RESIDING AT NO.335, 9^TH MAIN, DOLLARS COLONY, BENGALURU - 560 094.

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DR G V PALAKSHA S/O MR.G.T.VENKATASWAMY REDDY, AGED ABOUT 61 YEARS, RESIDING AT NO.100, 1^ST FLOOR, 9^TH CROSS, WILSON GARDEN, BENGALURU - 560 027.

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ALSO AT: R/O 1141, 21^ST A CROSS, 3^RD SECTOR, HSR LAYOUT, BANGLAORE - 560 102. ... RESPONDENTS

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR FOR ADJUDICATION/RESOLUTION OF THE DISPUTES THAT HAS ARISEN BETWEEN THE PETITIONERS AND RESPONDENTS IN TERMS OF CLAUSE 31 OF JDA-II DATED 24.03.2009 AND CLAUSE 23 OF THE SUPPLEMENTAL AGREEMENT DATED 24.04.2014 TO JDA-II DATED 24.03.2009 ENTERED INTO BETWEEN THE PETITIONERS AND RESPONDENTS CONCERNING THE SCHEDULE PROPERTIES AT ANNEXURES A AND C AND ETC.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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Learned counsel for the petitioners has filed a memo,

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which reads as hereunder:

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"The petitioners respectfully submits that after filing of above petition, the petitioners and respondents have settled their dispute and accordingly, have entered into a fresh Supplemental Agreement dated 01.01.2021.

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Copy of the Supplemental Agreement dated 01.01.2021 is produced herewith for kind perusal of this Hon'ble Court. In view of the same, as the prayer sought for in the above petition has become infructuous, petitioners seek leave of this Hon'ble Court to withdraw the above petition with liberty to approach this Hon'ble Court if occasion arises in pursuance of Supplemental Agreement dated 01.01.2021. Hence, this memo.

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Wherefore, petitioners most respectfully prays that the above petition be dismissed as withdrawn, with liberty to approach this Hon'ble Court if occasion arises in pursuance of the Supplemental Agreement dated 01.01.2021, in the interest of justice and equity."

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In light of the memo filed, petition is dismissed .

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Liberty as sought for is reserved.

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Sd/-

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JUDGE

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VP

M/S Westbury Hospitality Private Limited v. Mr. G.V. Chandrasekhar

Case brief

What is this about?

What did the court decide?

M/S Westbury Hospitality Private Limited v. Mr. G.V. Chandrasekhar

Case brief

What is this about?

What did the court decide?

What the court decided

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