in the high court of karnataka at bangalore dated this the 8th day of

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 8TH DAY OF SEPTEMBER 2014
BEFORE
THE HON’BLE MR JUSTICE A S BOPANNA
WRIT PETITION Nos.33780, 33782, 33786, 33787 &
33788/2014(GM-CPC)
W.P.33780/2014
BETWEEN:
MR N RAVIKUMAR
S/O N RAMALINGAPPA
AGED ABOUT 36 YEARS
M/S SITARA ROJECTS
NO.46, 3RD FLOOR, CC VILAS
EJIPURA MAIN ROAD
KORAMANGALA, VIVEKNAGAR POST
BANGALORE – 560047.
.. PETITIONER
(BY SRI C K NANDA KUMAR, ADV.)
AND:
MR S GOPAL REDDY
S/O S RAMANJULA REDDY
AGED ABOUT 39 YEARS
RESIDING AT NARAMANKALAPALLY
VOGALLA POST
K V PALLY MANDAL
CHITTOR DISTRICT – 504201
ANDHRA PRADESH STATE.
.. RESPONDENT
(BY SRI C G GOPALASWAMY, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RECORDS IN MA.NO.10/2011 ON THE FILE FO
THE VTH ADDL. DISTRICT AND SESSIONS JUDGE,
DEVANAHALLI AND RECORDS IN O.S.NO.455/2010
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PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE,
DEVANAHALLI VIDE ANNEXURE A.
WRIT PETITION No.33782/2014
BETWEEN:
MR N RAVIKUMAR
S/O N RAMALINGAPPA
AGED ABOUT 36 YEARS
M/S SITARA PROJECTS
NO.46, 3RD FLOOR, CC VILAS
EJIPURA MAIN ROAD
KORAMANGALA, VIVEKNAGAR POST
BANGALORE – 560047.
.. PETITIONER
(BY SRI C K NANDA KUMAR, ADV.)
AND:
MR S GOPAL REDDY
S/O S RAMANJULA REDDY
AGED ABOUT 39 YEARS
RESIDING AT NARAMANKALAPALLY
VOGALLA POST
K V PALLY MANDAL
CHITTOR DISTRICT – 504201
ANDHRA PRADESH STATE.
.. RESPONDENT
(BY SRI C G GOPALASWAMY, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RECORDS IN MA.NO.12/2011 ON THE FILE OF
THE PRINCIPAL CIVIL JUDGE, DEVANAHALLI AND SET
ASIDE THE ORDER DATED 21.12.2013 PASSED IN
M.A.NO.12/2011 IN I.A. 3 ON THE FILE OF THE VTH ADDL.
DISTRICT AND SESSIONS JUDGE, DEVANAHALLI VIDE
ANNEXURE ‘A’.
WRIT PETITION No.33786/2014
BETWEEN:
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MR N RAVIKUMAR
S/O N RAMALINGAPPA
AGED ABOUT 36 YEARS
M/S SITARA ROJECTS
NO.46, 3RD FLOOR, CC VILAS
EJIPURA MAIN ROAD
KORAMANGALA, VIVEKNAGAR POST
BANGALORE – 560047.
.. PETITIONER
(BY SRI C K NANDA KUMAR, ADV.)
AND:
MR S GOPAL REDDY
S/O S RAMANJULA REDDY
AGED ABOUT 39 YEARS
RESIDING AT NARAMANKALAPALLY
VOGALLA POST
K V PALLY MANDAL
CHITTOR DISTRICT – 504201
ANDHRA PRADESH STATE.
.. RESPONDENT
(BY SRI C G GOPALASWAMY, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RECORDS IN MA.NO.14/2011 ON THE FILE OF
THE VTH ADDL. DISTRICT AND SESSIONS JUDGE,
DEVANAHALLI AND RECORDS IN O.S.NO.455/2010
PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE,
DEVANAHALLI VIDE ANNEXURE ‘A’.
WRIT PETITION No.33787/2014
BETWEEN:
MR N RAVIKUMAR
S/O N RAMALINGAPPA
AGED ABOUT 36 YEARS
M/S SITARA ROJECTS
NO.46, 3RD FLOOR, CC VILAS
EJIPURA MAIN ROAD
KORAMANGALA, VIVEKNAGAR POST
BANGALORE – 560047.
.. PETITIONER
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(BY SRI C K NANDA KUMAR, ADV.)
AND:
MR S GOPAL REDDY
S/O S RAMANJULA REDDY
AGED ABOUT 39 YEARS
RESIDING AT NARAMANKALAPALLY
VOGALLA POST
K V PALLY MANDAL
CHITTOR DISTRICT – 504201
ANDHRA PRADESH STATE.
.. RESPONDENT
(BY SRI C G GOPALASWAMY, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RECORDS IN MA.NO.13/2011 ON THE FILE OF
THE VTH ADDL. DISTRICT AND SESSIONS JUDGE,
DEVANAHALLI AND RECORDS IN O.S.NO.455/2010
PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE,
DEVANAHALLI.
WRIT PETITION No.33788/2014
BETWEEN:
MR N RAVIKUMAR
S/O N RAMALINGAPPA
AGED ABOUT 36 YEARS
M/S SITARA ROJECTS
NO.46, 3RD FLOOR, CC VILAS
EJIPURA MAIN ROAD
KORAMANGALA, VIVEKNAGAR POST
BANGALORE – 560047.
.. PETITIONER
(BY SRI C K NANDA KUMAR, ADV.)
AND:
MR S GOPAL REDDY
S/O S RAMANJULA REDDY
AGED ABOUT 39 YEARS
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RESIDING AT NARAMANKALAPALLY
VOGALLA POST
K V PALLY MANDAL
CHITTOR DISTRICT – 504201
ANDHRA PRADESH STATE.
.. RESPONDENT
(BY SRI C G GOPALASWAMY, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RECORDS IN MA.NO.11/2011 ON THE FILE OF
THE VTH ADDL. DISTRICT AND SESSIONS JUDGE,
DEVANAHALLI AND RECORDS IN O.S.NO.455/2010
PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE,
DEVANAHALLI.
THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners in these petitions is the defendant in
O.S.455/2010.
Against the order passed on I.A.Nos.1 to 5
in the said suit, parties were before the lower appellate court
in M.A.Nos.10-14/2011. The said Misc. appeals have been
allowed. The petitioners, therefore claiming to be aggrieved
by the order dated 21.12.2013 passed in M.A.Nos. 1 to
14/10 are before this Court.
2.
During the pendency of these petitions, certain
developments have taken place which will have to be taken
note in these petitions and appropriate observations are to
be made. The defendants in the suit had contended that the
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suit is not maintainable in view of there being an arbitration
clause in the agreement entered into between the parties. In
that regard an application under Section 8 of the Arbitration
and Conciliation Act had been filed in the suit. During the
pendency of the same, the parties were before this Court in
Civil Miscellaneous Petition filed under Section 11 of the
Arbitration and Conciliation Act seeking appointment of
Arbitrator.
The said petition has been disposed and the
parties have been referred to arbitration by appointing an
Arbitrator, by the order dated 25.07.2014 passed in CMP
No.164/11.
In that view of the matter, all issues between
the parties would have to be considered and adjudicated in
the pending arbitration proceedings.
In that view of the
matter, the defence which had been put forth in the suit
contending that the suit would have to be referred to
arbitration in view of the arbitration clause, would stand
answered.
Accordingly, the suit in O.S.45/10 itself will
stand terminated in view of the matter being referred to
arbitration. Consequent thereto, the order dated 21.12.2013
passed in M.A.Nos.10 to 14/11 being
a consequential
interlocutory order arising out of the suit, which is impugned
herein would also stand dissolved.
Hence, if any order
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relating to the interim measure or interim protection is
required, the parties will have to put forth such contention
before the learned Arbitrator. Hence, it is made clear that
the suit in O.S.455/2010 shall be disposed off by the Court
below on a memo being filed before it. Considering that by
this order, the suit in O.S.no.455/10 is ordered to be
disposed off, the order passed in M.A.No.10 to 14/11 dated
21.12.2013 shall also stand dissolved.
Liberty is also
reserved to the parties to put forth their contentions before
the learned arbitrator.
In terms of the above, these five petitions stand
disposed off.
Sd/JUDGE
BRN

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