Shri Venugopal G Rao Vs M/S Excel Radiators Private Limited

M/S. EXCEL RADIATORS PRIVATE LIMITED, A COMPANY HAVING ITS WORKS AT PLOT NO.39, KIADB INDUSTRIAL AREA, Digitally signed by PREMCHANDRA ANCHEPALYA, KUNIGAL TALUK, M R TUMKUR DISTRICT. Location: High PIN-572 101. Court of Karnataka REPRESENTED BY ITS MANAGING DIRECTOR, SRI. K.V.KAMATH,

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SHRI.K.V.KAMATH S/O SRI M.K.RAMACANDRA KAMATH, AGED ABOUT 56 YEARS, R/A NO.1074, 8^TH CROSS, 7^TH BLOCK, IST MAIN, HMT LAYOUT, VIDYARANYAPURA, BENGALURU-560 097.

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NC: 2025:KHC:5241 WP No. 15576 of 2020

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SMT. MAYA.V.KAMATH W/O SHRI K.V.KAMATH, AGED ABOUT 49 YEARS, R/A NO.1074, 8^TH CROSS, 7^TH BLOCK, IST MAIN, HMT LAYOUT, VIDYARANYAPURA, BENGALURU-560 097.

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…RESPONDENTS

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(BY SRI. PRASHANTH CHANDRA.S.N., & SRI. B.V.KRISHNA., ADVOCATES FOR R1 TO 3)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.C.Sadashiva., counsel on behalf of Sri.Ganapathi Subbaraya Bhat., for the petitioner has appeared in person.

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Sri.B.V.Krishna., counsel for the respondents have appeared through video conferencing.

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The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:31.01.2020 passed by the XX Addl. City Civil and Sessions Judge (CCH-32), Bengaluru City on I.A.No.I in A.S.No.51/2016 vide Annexure-A.

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NC: 2025:KHC:5241 WP No. 15576 of 2020

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Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.

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Suffice it to note that the Arbitrator passed the award on 21.12.2015 and the same was assailed by the petitioner before the XX Addl. City Civil and Sessions Judge (CCH-32), Bengaluru City in A.S.No.51/2016. It is pivotal to note that the petitioner filed an application for stay of the arbitral award. The application was not considered by the Trial Court. Hence, the petitioner was constrained to approach this Court in Writ Petition No.22882/2016. This Court vide order dated:22.04.2016 stayed the execution of the award subject to the petitioner depositing 50% of the amount awarded within three weeks. It is also noticed that the petitioner deposited 50% of the amount i.e., Rs.5,15,094/- in demand draft No.467198 dated:06.05.2016 drawn on Deutsch Bank, Raheja Tower, M.G. Road, Bangalore in favour of Registrar, the City Civil Court, Bengaluru.

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The Writ Petition No.22882/2016 was disposed of on 07.02.2019 directing the Trial Court to pass the speaking order

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NC: 2025:KHC:5241 WP No. 15576 of 2020

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on interim application. The Trial Court on 31.01.2020 rejected the stay application on the ground that the petitioner has not stated that he is ready to obey the conditions as enumerated under Section 36 of Arbitration and Conciliation Act, 1996 and declined to grant the stay of the order. This is untenable. The reason is plain. This Court had granted stay of the arbitral award subject to petitioner depositing 50% of the award. The petitioner has obeyed the order of this Court and he has made the deposit. Because of the deposit of the 50% of the award amount by the petitioner, this Court deems it proper to quash the impugned order.

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The Writ of Certiorari is ordered. The order dated:31.01.2020 passed by the XX Addl. City Civil and Sessions Judge (CCH-32), Bengaluru City on I.A.No.I in A.S.No.51/2016 vide Annexure-A is quashed.

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A direction is issued to the Trial Court to dispose of the case on the merits at the earliest. The interim order granted by this Court shall continue to operate till the disposal of the case before the Trial Court. The parties are directed to co-operate with the Trial Court for the speedy disposal of the matter.

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