Smt. M. K. Mangalamba v. Sri. Lakshmi Developers
Case brief
What is this about?
Karnataka High Court (DB: V Kameswar Rao, Acting CJ - author; C M Joshi, J), COMAP No. 157 of 2025, NC: 2025:KHC:18701-DB, decided 03-06-2025. Challenge to Trial Court order dated 10.03.2025 in Com.A.A. No.126/2025 (LXXXVII Addl City Civil & Sessions Judge, Commercial Court, Bengaluru CCH-88) issuing notice on I.A.No.1 under S.9 Arbitration and Conciliation Act, 1996 (injunction) returnable 28.04.2025; notice unserved, adjourned to 26.06.2025; appellant feared infructuousity. Held: Trial Court seized of the application to consider the prayer; notice returnable 16.06.2025 before Trial Court with hand summons; Trial Court to hear and decide I.A.1 on 16.06.2025, else re-notify 26.06.2025. Appeal disposed; no precedents cited; no quantum.
What did the court decide?
Appeal disposed of with directions: notice to the respondent returnable by 16.06.2025 before the Trial Court, additionally by hand summons; the Trial Court to hear and decide I.A.No.1 in accordance with law on 16.06.2025 if served, failing which to re-notify for 26.06.2025; pending interlocutory applications, if any, stand disposed of.