M/S Kishore Vidyaniketan Society (R) Vs Arbitration and… — Arbitration | Karnataka HC (2025)

M/S Kishore Vidyaniketan Society (R) Vs Arbitration and… — Arbitration | Karnataka HC (2025)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.32595/2025 (GM-CPC)

BETWEEN:

Digitally signed by RUPA V Location: High Court Of Karnataka

M/S. KISHORE VIDYANIKETAN SOCIETY (R) OFFICE AT SILICON VALLEY SCHOOL 'C' BLOCK, OPPOSITE SAI BABA TEMPLE NEAR KODIGEHALLI, SAHAKARA NAGAR BENGALURU-560092 REP. BY ITS AUTHORISED SIGNATORY MR. NAGARAJU S/O LATE BOMMAIAH AGED ABOUT 77 YEARS HAVING OFFICE AT SILICON VALLEY SCHOOL 'C' BLOCK, OPPOSITE SAI BABA TEMPLE NEAR KODIGEHALLI, SAHAKARA NAGAR BENGALURU-560 092

…PETITIONER

(BY SRI. SKANDA KUMAR, ADV.,)

AND:

ARBITRATION AND CONCILIATION CENTRE OFFICE AT 3RD FLOOR, EAST WING 'KHANIJA BHAVANA', RACE COURSE ROAD BENGALURU-560 001 REP. BY ITS DIRECTOR MAIL ID [email protected] PHONE NO. 08022954571.

…RESPONDENT

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE WRIT PETITION ON COSTS. ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE THE IMPUGNED ORDER AT ANNEXURE-C, DATED 16.08.2025, IN THE LXXXII ADDI CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-83) VIDE COMM.A.A. NO.265/2025 AND CONTINUE AND ALLOW THE PETITION. & ETC.,

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

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

This petition is filed seeking for the following reliefs:

"a) Allow the writ petition on costs.

b) Issue a writ of certiorari by setting aside the impugned order at Annexure-C, dated 16.08.2025, in the LXXXII Addl. City Civil and Sessions Judge, at Bengaluru (CCH-83) vide COMM.A.A. No.265/2025 and continue and allow the petition."

Sri.Skanda Kumar, learned counsel appearing for the petitioner submits that one Smt.R.Lalithamma

initiated arbitration proceedings which was registered as A.C.No.659/2023, wherein the petitioner was arrayed as a respondent. However, later the claimant got the petitioner

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deleted from the proceedings. It is further submitted that the award in A.C.No.659/2023 was passed wherein certain liability was saddled upon the petitioner. Hence, the petitioner filed an application before the Commercial Court, under Section 39(2) of the Arbitration and Conciliation Act, 1996, seeking for the certified copy of the award and order. It is submitted that for nonconsideration of such an application, the petitioner has filed a writ petition in W.P.No.19679/2025. This Court ordered to consider the application strictly in consonance with Section 39(2) of the Act. However, under the impugned order, the Trial Court, without providing an opportunity or asking the petitioner to deposit the amount, proceeded to reject the application stating that the application was infructuous.

I have heard the arguments of the learned counsel for the petitioner and perused the material available on record. I have given my anxious

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consideration to the submission advanced by the learned counsel for the petitioner.

The petitioner has filed a petition under Section 39(2) of the Act, before the Commercial Court in Com.A.A.No.265/2025, wherein the petitioner has sought the certified copy of the award passed in A.C.No.659/2023 as well as the order passed deleting the party from the proceedings. The Commercial Court, without considering the scope of sub-Section (2) of Section 39 of the Act, proceeded to reject the application.

Learned counsel for the petitioner has pointed out that the petitioner is ready with the amount as ordered by the Arbitration Centre. However, without considering the same, the application was rejected.

Taking note of the submission and considering

the nature of relief sought, I am of the considered view that if the petitioner is ready to deposit the amount as pointed out by the Arbitration Centre, there should not be

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any impediment for the Trial Court to consider the application and issue the certified copy as sought.

For the aforementioned reasons, I proceed to

pass the following:

ORDER

(i) The writ petition is allowed.

(ii) The impugned order dated 16.08.2025 passed in

Com.A.A.No.265/2025 by the LXXXII Additional City Civil

and Sessions Judge, Bengaluru (CCH-83), is set aside.

(iii) The Trial Court is directed to collect the amount of Rs.1,92,490/- and issue or order to issue the certified copy as sought in the application.

(iv) No orders to costs.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

RV

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