Karnataka High Court
Prasad Technology Park vs Wind World (India) Limited on 21 January, 2016
Bench: N.K.Patil, S.Sujatha
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2016
:PRESENT:
THE HON'BLE MR.JUSTICE N.K. PATIL
AND
THE HON'BLE MRS.JUSTICE S. SUJATHA
M.F.A.No. 561 OF 2016 (AA)
Between:
Prasad Technology Park Limited,
A Company Registered and incorporated
Under the Companies Act, 1956 and
Having its Office at No.2/10,
3rd Floor, 80 Feet Road, Pujari Layout,
RMV 2nd Stage,
Bangalore-560 094.
Represented by its Managing Director,
Mr. S. Prasad, S/o. Late Siddaramanna,
Aged about 62 years.
...Appellant
(By Sri. S.V. Giridhar, Advocate)
And :
1. Wind World (India) Limited,
A Company Registered and
Incorporated under the provisions of the
Indian Companies Act and having its
Corporate Office at Wind World Towers,
Plot NO.A-9, CTS NO.700,
Veera Industrial Estate,
Veera Desai Road, Next to Bhagavati House,
Andheri (West), Mumbai-400 053.
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Rep. by its Director.
2. Wind World (India) Limited,
A Company Registered and
Incorporated under the provisions of the
Indian Companies Act and having its
Registered Office at Daman, Plot No.33,
Daman Patalia Road, Bhimpore,
Daman-396 210,
Rep. by its Director.
3. Wind World (India) Limited,
A Company Registered and
Incorporated under the Provisions of the
Indian Companies Act and having its
Office at Golden Millennium,
Ground Floor, No.69/1, Millers Road,
Vasanth Nagar, Bangalore-560 025.
Rep. by its Director.
4. Wind World (India) Limited,
A Company Registered and
Incorporated under the provisions of the
Indian Companies Act and having its
Office at Ganesha Towers,
Near Hotel Aishwarya Fort,
Turuvanur Road, Chitradurga-577 501.
Rep. by its Director.
...Respondents
(By Sri. Dhananjay Joshi, Advocate for C/R3)
***
This MFA is filed under Section 37(1)(a) of the
Arbitration and Conciliation Act, 1996, against the Order
dated 11/01/2016, passed in A.O.S No.07/2015, on the file
of the Additional District and Sessions Judge, Chitradurga,
subjecting to payment of `16,82,000/- service charges with
in ten days from today, stay order is extended till
06/02/2016.
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This M.F.A. coming on for Orders this day,
N.K. PATIL J, delivered the following:
:J U D G M E N T:
The appellant, questioning the correctness of the impugned Order dated 11/01/2016, passed in A.O.S No.07/2015, by the Additional District and Sessions Judge, Chitradurga, has presented this appeal.
2. We have heard learned counsel Sri. S.V. Giridhar, appearing for the appellant for some time.
3. During the course of the submission, learned counsel appearing for appellant has submitted that, the instant appeal filed by the appellant may be disposed of, reserving liberty to the appellant to file necessary application before the jurisdictional Court for modification of the order impugned within two days from today and all the grounds urged in this appeal may be left open.
4. The submission made by the learned counsel appearing for the appellant is placed on record. 4
5. The instant appeal filed by the appellant is disposed of, reserving liberty to the appellant to file necessary application before the jurisdictional Court for modification of the order impugned dated 11.1.2016 passed in AOS No.7/2015 within two days from today.
In the event, if such an application is filed by the appellant before the jurisdictional Court, the jurisdictional Court is directed to receive the same and pass appropriate orders in accordance with law. Ordered accordingly.
SD/-
JUDGE SD/-
JUDGE tsn*