Disposed

Swathi K v. Ameliorate Realtors Pvt. Ltd.

Karnataka HC26 Sept 2024MFA/4930/2024

Case brief

AI extract

What is this about?

This Single Judge Court disposed of an appeal filed against orders issuing notice for applications under Section 9 of the Arbitration and Conciliation Act, 1996. The Court declined to pass further orders as the matter was listed for trial court hearing.

What did the court decide?

The appeal is disposed off; all applications in the appeal stand closed; Trial Court to consider applications on 19.10.2024 without adjournments.

Swathi K Vs Ameliorate Realtors Pvt. Ltd. — Arbitration | Karnataka HC (2024)

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NC: 2024:KHC:40187 MFA No. 4930 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.4930 OF 2024 (CPC)

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BETWEEN:

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SWATHI K., W/O. RAKESH C., AGED ABOUT 32 YEARS, R/AT NO.234, 25^TH MAIN SECTOR 1, HSR LAYOUT, KARNATAKA, BENGALURU – 560 102.

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…APPELLANT

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(BY SRI. DECLYN GOMES, ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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AMELIORATE REALTORS PVT. LTD., NO.22, 5^TH FLOOR, HARA CHAMBERS, K.H. ROAD, KARNATAKA, BENGALURU – 560 102. REPRESENTED BY ITS AUTHORIZED SIGNATORY - MR. MANJUNATH.

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…RESPONDENT (BY SRI. RAJESH B.L., ADVOCATE FOR SRI. ARCHANA K.M., ADVOCATE)

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC AGAINST THE ORDER DATED 12.07.2024 PASSED ON IA.NO.1/2024 TO IA.NO.5/2024 IN AA.NO.15004/2024 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DEVANAHALLI, ISSUING NOTICE ON IA.NO.1 TO V UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC AND ETC.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2024:KHC:40187 MFA No. 4930 of 2024

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL JUDGMENT

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The appeal is filed aggrieved by the order passed in I.A.Nos.1 to 5 in A.A.No.15004/2024 dated 12.07.2024 by the V Addl. District Sessions Judge, Devanahalli whereby the Trial Court had issued notice on I.A.Nos.1 to 5 an application under Section 9 of Arbitration and Conciliation Act, 1996 to the respondent.

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It is the case of the appellant/plaintiff that he had paid an amount of Rs.82,00,000/- and entered into five agreements with the defendant and he had filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 and relief that is sought is not to create third party rights. The Trial Court had issued notice to the respondent. Now, the appeal is filed stating that pending the said application, if the alienation is made, it would cause lot of hardship to the plaintiff.

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Learned counsel appearing for the respondent/ defendant submits that now, the matter is going to come up before the Trial Court on 19.10.2024 and he had already filed objections to one I.A. and for the remaining I.As., also he is

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3 - NC: 2024:KHC:40187 MFA No. 4930 of 2024

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going to file the objections. He submits that the plaintiff is not entitled for any order from this Court as the Trial Court has to consider the application filed under Section 9 of the Arbitration and Conciliation Act, 1996 basing on the pleadings of both parties.

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Considering the fact that the matter is coming up on 19.10.2024 before the Trial Court for consideration of the five I.As filed by the plaintiff, this Court is not inclined to pass any orders. Hence, this Court is passing the following:

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ORDER

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i. It is made clear that the Trial Court shall consider the applications on 19.10.2024 without

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granting any adjournments.

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ii. Accordingly, the appeal is disposed off .

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iii. All I.As., in the appeal, shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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BN List No.: 1 Sl No.: 21

Swathi K v. Ameliorate Realtors Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Swathi K v. Ameliorate Realtors Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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