Disposed

St Theresa Educational, Cultural and Social Development Society v. M Babanna

Karnataka HC6 Nov 2024WP/25980/2024

Case brief

AI extract

What is this about?

Writ petition under Article 227 challenging orders arising from a Section 17 application before an arbitral tribunal. The court, with parties' consent, nullified both impugned conditions, substituting a direction that the petitioner inform parents of school children about pending arbitration; compliance to be reported.

What the court decided

AI extract

St Theresa Educational, Cultural and Social Development… — Arbitration | Karnataka HC (2024)

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NC: 2024:KHC:44690-DB WP No. 25980 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF NOVEMBER, 2024

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PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE C M JOSHI

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WRIT PETITION NO. 25980 OF 2024 (GM-RES)

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BETWEEN:

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ST. THERESA EDUCATIONAL CULTURAL AND SOCIAL DEVELOPMENT SOCIETY, HAVING ITS ADDRESS AT:

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NO. 187/2, SHARADAMBA NAGAR, JADE MUNIYAPPA BUILDING, JALAHALLI VILLAGE, BENGALURU-560 013. REP. BY ITS AUTHORIZED SIGNATORY MR. SANJAY L.

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…PETITIONER

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(BY SRI DHYAN CHINNAPPA, SENIOR COUNSEL ALONG WITH SRI YASHODHAR HEGDE, ADVOCATE)

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Digitally signed by NANDINI R Location: High Court of Karnataka

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AND:

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M BABANNA,

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S/O LATE P MUNIVENKATAPPA, AGED ABOUT 57 YEARS, NO.129, 7^TH MAIN, JAYANAGAR 5^TH BLOCK, BENGALURU-560 041.

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M JAGANNATH, S/O LATE P MUNIVENKATAPPA, AGED ABOUT 55 YEARS, NO.17, 38^TH CROSS, JAYANAGAR, VIII BLOCK, BENGALURU-560 070.

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NC: 2024:KHC:44690-DB WP No. 25980 of 2024

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K- 12 TECHNO EDUCATIONAL SERVICES PVT. LTD., UNIT NO.2201, 22^ND FLOOR, WORLD TRADE CENTRE, BRIGADE GATEWAY, RAJAJINAGAR EXTENSION, MALLESHWARAM, BENGALURU-560 055.

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…RESPONDENTS

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(BY SRI L.M CHIDANANDAYYA, ADVOCATE FOR C/R-1 & 2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 R/W ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO SET ASIDE THE ORDER DATED 05.08.2024 IN COM.MA No05/2024 PASSED BY THE HON’BLE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH-85) PRODUCED HEREWITH AS ANNEXURE-A AND CONSEQUENTLY SET ASIDE THE ORDER DATED 03.05.2024 AND DISMISS THE IA FILED BY THE RESPONDENT No-1 AND 2 / CLAIMANTS UNDER SECTION 17 OF THE ARBITRATION AND CONCILIATION ACT, 1996 IN A.C No-252/2022 BEFORE THE HONBLE ARBITRAL TRIBUNAL, SOLE ARBITRATOR, ARBITRATION CENTRE, BANGALORE PRODUCED HEREWITH AS ANNEXURE-B.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT

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and

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HON'BLE MR JUSTICE C M JOSHI ORAL ORDER

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(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

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This petition essentially is filed under Article 227 of

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the Constitution of India with the following prayers:

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"I. Set aside the order dated 05.08.2024 in com.ma no05/2024 passed by the Hon'ble LXXXIV Additional City Civil and Sessions Judge, Commercial Court (CCH-85) produced herewith as Annexure-A;

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3 - NC: 2024:KHC:44690-DB WP No. 25980 of 2024

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II. Consequently, set aside the order dated 03.05.2024 and dismiss the IA filed by the Respondent Nos. 1 and 2/claimants under Section 17 of the Arbitration and Conciliation Act, 1996 in A.C no-252/2022 before the Hon'ble Arbitral Tribunal, Sole Arbitrator, Arbitration Centre, Bangalore produced herewith as Annexure-B;

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III. Pass any other order as this Hon'ble Court deems fit, in the facts and circumstances of this case, in the interest of justice and equity."

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Learned Senior Advocate Sri.Dhyan Chinnappa appears for the petitioner. Learned Sr. Advocate Sri.L.M.Chidanandayya represents the

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Caveator/respondent Nos.1 & 2. Notice to 3^rd respondent is dispensed with.

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Having heard the learned counsel appearing for the parties and having perused the Petition Papers, we suggested that both the impugned conditions in the subject order be nullified and in their lieu, petitioner shall inform in print to the parents of the school children concerned about the pendency of subject arbitral proceedings, so that no stakeholder would take the outcome of these proceedings as a bolt from the blue.

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4 - NC: 2024:KHC:44690-DB WP No. 25980 of 2024

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Both the sides graciously agreed with the above

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suggestion. Learned counsel Mr.Chidanandayya appearing for the respondents asked us to make the above arrangement a rule of the court and counsel for the petitioner has no objection to the said proposal. Therefore, the said arrangement is made a rule of the court whose breach would amount to contempt of court.

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In the above circumstances, this petition is disposed

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off directing the petitioner to give effect to the aforesaid arrangement, within four weeks and report compliance to the Registrar General of this court within two weeks next following.

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Costs made easy.

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Sd/(KRISHNA S DIXIT) JUDGE

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Sd/(C M JOSHI) JUDGE

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NR/List No.: 1 Sl No.: 13

St Theresa Educational, Cultural and Social Development Society v. M Babanna

Case brief

What is this about?

What the court decided

St Theresa Educational, Cultural and Social Development Society v. M Babanna

Case brief

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What the court decided

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