Karnataka High Court
Mr Sunil Prabhu B vs Mr Munianjinappa on 20 August, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CIVIL REVISION PETITION NO. 441 OF 2017
C/W
CIVIL REVISION PETITION NO. 415 OF 2017
CIVIL REVISION PETITION NO. 443 OF 2017
CIVIL REVISION PETITION NO. 447 OF 2017
CIVIL REVISION PETITION NO. 448 OF 2017
CIVIL REVISION PETITION NO. 141 OF 2018
CIVIL REVISION PETITION NO. 142 OF 2018
CIVIL REVISION PETITION NO. 143 OF 2018
CIVIL REVISION PETITION NO. 203 OF 2018
CIVIL REVISION PETITION NO. 204 OF 2018
CIVIL REVISION PETITION NO. 206 OF 2018
CIVIL REVISION PETITION NO. 207 OF 2018
CIVIL REVISION PETITION NO. 208 OF 2018
CIVIL REVISION PETITION NO. 209 OF 2018
CIVIL REVISION PETITION NO. 210 OF 2018
CIVIL REVISION PETITION NO. 276 OF 2018
CIVIL REVISION PETITION NO. 381 OF 2018
Digitally signed by CIVIL REVISION PETITION NO. 382 OF 2018
R HEMALATHA CIVIL REVISION PETITION NO. 383 OF 2018
Location: HIGH CIVIL REVISION PETITION NO. 384 OF 2018
COURT OF
KARNATAKA CIVIL REVISION PETITION NO. 385 OF 2018
CIVIL REVISION PETITION NO. 386 OF 2018
CIVIL REVISION PETITION NO. 387 OF 2018
CIVIL REVISION PETITION NO. 388 OF 2018
CIVIL REVISION PETITION NO. 389 OF 2018
CIVIL REVISION PETITION NO. 390 OF 2018
IN CRP No. 441/2017:
BETWEEN:
1. MR. SANJAY AGARWAL
S/O PREM KUMAR AGARWAL
AGED ABOUT 42 YEARS,
-2-
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2. MRS. NEELU AGARWAL
D/O PREM KUMAR AGARWAL,
AGED ABOUT 44 YEARS,
PERMANENT RESIDENTS OF
PREMISES IN
# 56, AGARWAL NAGAR,
INDORE, MADHYA PRADESH - 452 001
REPRESENTED BY THEIR BROTHER
AND DULY CONSTITUTED POWER OF
ATTORNEY, MR SANDEEP AGARWAL
S/O PREM KUMAR AGARWAL,
AGED ABOUT 41 YEARS,
PRESENT ADDRESS:
# D-84, PRESTIGE OZONE,
WHITE FIELD MAIN ROAD,
VARTHUR, BANGALORE - 560 066.
...PETITIONERS
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. MR. MUNIANJINAPPA
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 78 YEARS,
R/O NO.29, GOVERNMENT SCHOOL ROAD,
JAKKUR, BANGALORE-560 064
2. MR. M.H. NAGARAJ,
S/O LATE MUNIHANUMANATHAPPA,
AGED ABOUT 71 YEARS,
R/O NAGARAJ COMPLEX,
2ND MAIN,1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
3. MR. M. H. SHAMANNA
S/O LATE MUNIHANUMANATHAPPA,
AGED ABOUT 68 YEARS,
RESIDENT OF CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
-3-
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
4. M/S. MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS OF
THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289, 1ST FLOOR,
15TH MAIN, RMV EXTENSION,
BANGALORE - 560 080.
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY.
5. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF
BUSINESS OF NO.1, JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
ALSO KNOWN AS
M/S METROCORP HOUSING CORPORATION PVT.LTD.,
WITH ITS REGISTERED OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046.
REPRESENTED BY ITS DIRECTOR
MR. DEEPAK KRISHNAPPA,
6. M/S METROCORP INFRASTRUCTURE
REGISTERED PARTNERSHIP FIRM
OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046.
ALSO KNOWN AS
M/S METROCORP INFRASTRUCTURE LTD.,
A COMPANY INCORPORATRED UNDER THE
PROVISIONS OF THE INDIAN COMPANIES ACT,
WITH ITS REGISTERED OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS DIRECTOR
-4-
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
...RESPONDENTS
(BY SRI.T.PRAKASH AND RAJASHEKAR. .P. ADVOCATE FOR R1 TO
R4;
V/O/DATED 22.05.2023 NOTICE TO R5 AND R6 ARE HELD
SUFFICIENT)
THIS CRP FILED UNDER SEC.115 OF CPC.,1908, AGAINST
THE ORDER DATED 23.08.2017 PASSED ON IA NO.5 IN OS
NO.411/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.5 FILED UNDER SEC.8
OF THE ARBITRATION AND CONCILIATION ACT.1996.
IN CRP NO. 415/2017:
BETWEEN:
1. MR.TANSEER KUNJAN
AGED ABOUT 48 YEARS,
S/O LATE K. MOHAMMED ISHAQ,
RESIDNG AT 400, 72/3,
7TH CROSS, 1ST BLOCK,
JAYANAGAR, BANGLAORE - 560 011.
REPRESENTED BY HIS POWER OF
ATTORNEY HOLDER
MR. KUNJAN TABSEER
S/O LATE K. MOHAMMED ISHAQ,
AGED ABOUT 46 YEARS,
RESIDNG AT 400, 72/3,
7TH CROSS, 1ST BLOCK,
JAYANAGAR, BANGLAORE - 560 011.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS
AT NO.17, JAYAMAHAL MAIN ROAD,
BANGALORE 560 046
REPRESENTED BY ITS PARTNER
MR. DEEPAK KRISHNAPPA
-5-
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2. SRI. MUNIANJINAPPA
AGED ABOUT 80 YEARS
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
REPRESENTED BY THEIR POWER OF ATTORNEY
HOLDER THE 13TH RESPONDENT.
3. SMT. PILLAMMA
AGED MAJOR
W/O LATE MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE 560064.
4. SRI. MUNEGOWDA
AGED ABOUT 49 YEARS,
S/O SRI MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE 560064.
5. SRI. HANUMANTHAGOWDA
AGED ABOUT 43 YEARS
S/O SRI MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
6. SRI. M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 75 YEARS,
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
AGED MAJOR
W/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI. N. PRASHANTH
AGED ABOUT 41 YEARS,
-6-
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
S/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI. N. PRAVEEN
AGED ABOUT 37 YEARS
S/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS. N. PRATHIBHA
AGED ABOUT 35 YEARS,
D/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYNAPURA, DHARWAD -580 008.
11. SRI. M.H. SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT 562 110.
12. SMT. PADMAVATHI
AGED ABOUT 57 YEARS,
W/O M.H. SHAMANNA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
13. M/S. MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS
OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION
BANGLAORE 560 085
-7-
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY
...RESPONDENTS
(BY SRI. T. PRAKASH, ADVOCATE FOR R2 TO R13)
THIS CRP IS FILED UNDER SEC. 115 OF CPC 1908 AGAINST
THE ORDER DATED 16.06.2017 PASSED ON I.A. NO.5 IN OS NO.
640/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., DEVANAHALLI, ALLOWING THE IA NO.5 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996 TO
REFER THE PARTIES TO ARBITRATION.
IN CRP NO. 443/2017:
BETWEEN:
1. MR ANINDYA DAS GUPTA
AGED ABOUT 48 YEARS,
S/O LATE A.K. DAS GUPTA
2. MRS. UMA MAHADEVAN
AGED ABOUT 49 YEARS,
W/O MR. ANINDYA DAS GUPTA
REPRESENTED BY THEIR POWER OF
ATTORNEY HOLDER
MR. BHARATH MAHADEVAN
AGED ABOUT 38 YEARS,
S/O SUNDARESHA MAHADEVAN,
RESIDING AT E-401, MANTRI ESPANA,
OUTER RING ROD, OPP. INTEL,
KARIYAMMANA AGRAHARA,
BANGALORE - 560 103.
...PETITIONERS
(BY SRI. AJIT P B., ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS
-8-
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
AT NO.17, JAYAMAHAL MAIN ROAD,
BANGALORE 560 046
REPRESENTED BY ITS PARTNER
MR. DEEPAK KRISHNAPPA
2. SRI. MUNIANJINAPPA
AGED ABOUT 77 YEARS
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
REPRESENTED BY THEIR POWER OF ATTORNEY
HOLDER THE 13TH RESPONDENT.
3. SMT. PILLAMMA
AGED MAJOR
W/O LATE MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560064.
4. SRI. MUNEGOWDA
AGED ABOUT 45 YEARS,
S/O SRI MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
5. SRI. HANUMANTHAGOWDA
AGED ABOUT 39 YEARS
S/O SRI MUNIANJINAPPA
RESIDING AT NO.29,
GOVT. SCHOOL ROD,
JAKKUR, BANGALORE - 560 064.
6. SRI. M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 71 YEARS,
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS, NARAYANAPURA,
DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
AGED MAJOR
W/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
-9-
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI. N. PRASHANTH
AGED ABOUT 37 YEARS,
S/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI. N. PRAVEEN
AGED ABOUT 33 YEARS
S/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS. N. PRATHIBHA
AGED ABOUT 31 YEARS,
D/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD -580 008.
11. SRI. M.H. SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
12. SMT. PADMAVATHI
AGED ABOUT 57 YEARS,
W/O M.H. SHAMANNA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
13. M/S. MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS
- 10 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION,
BANGLAORE - 560 085
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY
14 SRI. PRAKASH MAKHIJA,
S/O LATE BALAKISHAN MAKHIJA,
AGED MAJOR
R/AT NOS.7 AND 12,
INDUSTRIAL SUBURB,
2ND STAGE, YESHWANTPUR,
TUMKUR ROAD, BANGALORE- 560 002.
...RESPONDENTS
(BY SRI. T. PRAKASH ADVOCATE FOR R2, R6, R11 AND R13;
SRI. K.S. HARISH ADVOCATE FOR R14, R5, R4, R7, R8, R9,
R10 AND R12 ARE SERVED)
THIS CRP IS FILED UNDER SEC 115 OF CPC., AGAINST THE
ORDER DATED 16.06.2017 PASSED ON IA NO.6 IN O.S. NO.
641/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., DEVANAHALLI, ALLOWING THE IA NO. 6 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996 TO
REFER THE PARTIES TO ARBITRATION
IN CRP NO. 447/2017:
BETWEEN:
1. MR. DEEPAK PADAKI
AGED ABOUT 47 YEARS,
S/O MR. VENI PADAKI
2. MRS. RENUKA BHOSLE,
AGED ABOUT 44 YEARS,
W/O MR. DEEPAK PADADI
BOTH RESIDING AT A2,
CHARTER HOUSE, NO.36,
LAVELLE ROAD, BANGALORE - 560 103.
...PETITIONERS
(BY SRI. AJIT P B, ADVOCATE)
- 11 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS
AT NO.17, JAYAMAHAL MAIN ROAD,
BANGALORE 560 046
REPRESENTED BY ITS PARTNER
MR. DEEPAK KRISHNAPPA
2. SRI. MUNIANJINAPPA
AGED ABOUT 77 YEARS
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
REPRESENTED BY THEIR POWER OF ATTORNEY
HOLDER THE 13TH RESPONDENT.
3. SMT. PILLAMMA
AGED MAJOR
W/O LATE MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
4. SRI. MUNEGOWDA
AGED ABOUT 45 YEARS,
S/O SRI MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE 560064.
5. SRI. HANUMANTHAGOWDA
AGED ABOUT 39 YEARS
S/O SRI MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROD,
JAKKUR, BANGALORE - 560 064.
6. SRI. M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 71 YEARS,
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
- 12 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
7. SMT. VINODA NAGARAJ
AGED MAJOR
W/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI. N. PRASHANTH
AGED ABOUT 37 YEARS,
S/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI. N. PRAVEEN
AGED ABOUT 33 YEARS
S/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS. N. PRATHIBHA
AGED ABOUT 31YEARS,
D/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYNAPURA, DHARWAD -580 008.
11. SRI. M.H. SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT 562 110.
12. SMT. PADMAVATHI
AGED ABOUT 57 YEARS,
W/O M.H. SHAMANNA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
- 13 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
13. M/S. MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS
OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION
BANGLAORE 560 085
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY
...RESPONDENTS
(BY SRI. T. PRAKASH ADVOCATE FOR R2- R13)
THIS CRP FILED UNDER SEC.115 OF CPC., 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.3 IN OS
NO.539/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., DEVANAHALLI ALLOWING THE IA NO.3 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILATION ACT.
IN CRP NO. 448/2017:
BETWEEN:
1. MR. KUMARAN. J
AGED ABOUT 51 YEARS,
S/O MR. K. JEYARAMAN
RESIDING AT #11, S-8, RAJYOG METRO
APARTMENT, 17TH MAIN ROAD,
MR CE LAYOUT, VIJAYANAGAR ,
BANGALORE 560 040.
...PETITIONER
(BY SRI. AJIT P B.,ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS
AT NO.17, JAYAMAHAL MAIN ROAD,
BANGALORE 560 046
REPRESENTED BY ITS PARTNER
MR. DEEPAK KRISHNAPPA
- 14 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2. SRI. MUNIANJINAPPA
AGED ABOUT 77 YEARS
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
REPRESENTED BY THEIR POWER OF ATTORNEY
HOLDER THE 13TH RESPONDENT.
3. SMT. PILLAMMA
AGED MAJOR
W/O LATE MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
4. SRI. MUNEGOWDA
AGED ABOUT 45 YEARS,
S/O SRI MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
5. SRI. HANUMANTHAGOWDA
AGED ABOUT 39 YEARS
S/O SRI MUNIANJINAPPA
RESIDING AT NO.29,
GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
6. SRI. M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 71 YEARS,
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
AGED MAJOR
W/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
- 15 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
8. SRI. N. PRASHANTH
AGED ABOUT 37 YEARS,
S/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI. N. PRAVEEN
AGED ABOUT 33 YEARS
S/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS. N. PRATHIBHA
AGED ABOUT 31YEARS,
D/O SRI. M.H. NAGARAJ
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYNAPURA, DHARWAD -580 008.
11. SRI. M.H. SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
12. SMT. PADMAVATHI
AGED ABOUT 57 YEARS,
W/O M.H. SHAMANNA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
13. M/S. MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS
OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION
- 16 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
BANGALORE - 560 085
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY
...RESPONDENTS
(BY SRI. T. PRAKASH ADVOCATE FOR R2- R13)
THIS CRP FILED UNDER SEC.115 OF CPC., 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.5 IN OS
NO.625/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., DEVANAHALLI ALLOWING THE IA NO.5 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 141/2018:
BETWEEN:
1. MRS. SIGRID AGARWAL,
W/O MR. MAHESH CHANDRA AGARWAL
S/O LATE R R AGARWAL,
AGED ABOUT 72 YEARS,
RESIDING AT HAXEL 801/802,
ST. JOHNS WOOD APARTMENTS,
80 ST. JOHNS CROSS ROAD,
BANGALORE - 560 029.
2. MR MAHESH CHANDRA AGARWAL
S/O LATE R R AGARWAL,
AGED ABOUT 79 YEARS,
RESIDING AT HAXEL 801/802,
ST.JOHNS WOOD APARTMENTS,
80 ST.JOHNS CROSS ROAD,
BANGALORE - 560 029.
...PETITIONERS
(BY SRI. AJIT P.B, ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM,
THROUGH ITS PARTNER
MR. DEEPAK KRISHNAPPA
HAVING OFFICE AT NO.17,
- 17 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
2. M/S METROCORP INFRASTRUCTURE LTD.,
A PRIVATE LIMITED COMPANY
REGISTERED UNDER COMPANIES ACT,
THROUGH ITS DIRECTOR
MR. DEEPAK KRISHNAPPA
HAVING OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE 560 046
3 SRI. MUNIANJINAPPA
AGED ABOUT 77 YEARS
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
4. SRI. M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 71 YEARS,
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
5. MR. M.H. SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
6. M/S. MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS
OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION
BANGALORE - 560 085
REPRESENTED BY ITS
MANAGING DIRECTOR
...RESPONDENTS
- 18 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
(BY SRI. T. PRAKASH AND RAJASHEKAR. P, ADVOCATE FOR
R3- R6)
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.4 IN OS NO.
223/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
DEVANAHALLI ALLOWING THE APPLICATION FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 142/2018
BETWEEN:
1. MR PRAMOD KUMAR AGARWAL
S/O LATE MR R P AGARWAL
AGED ABOUT 72 YEARS
RESIDING AT NO 1-1596,
BLOCK NO.334, JURONG EAST AVENUE - 1,
SINGAPORE - 600 334
REPRESENTED BY POWER OF ATTORNEY HOLDER
MR MAHESH CHANDRA AGARWAL
S/O LATE R R AGARWAL
AGED ABOUT 78 YEARS
PRESENTLY RESIDING AT HAXEL 801/802,
ST JOHNS, WOOD APARTMENTS,
80, ST JOHNS CROSS ROAD,
BANGALORE - 560 029
2. MRS SANTOSH AGARWAL
W/O MR PRAMOD KUMAR AGARWAL
AGED ABOUT 66 YEARS
RESIDING AT NO 1-1596
BLOCK NO 334, JURONG EAST AVENUE - 1,
SINGAPORE - 600 334
REPRESENTED BY POWER OF ATTORNEY HOLDER
MR MAHESH CHANDRA AGARWAL,
S/O LATE R R AGARWAL,
AGED ABOUT 78 YEARS,
PRESENTLY RESIDING AT HAXEL,
801/802, ST JOHNS, WOOD APARTMENTS,
- 19 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
80 ST JOHNS CROSS ROAD
BANGALORE- 29
...PETITIONERS
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM,
THROUGH ITS PARTNER
MR. DEEPAK KRISHNAPPA
HAVING OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
2. M/S METROCORP INFRASTRUCTURE LTD.,
A PRIVATE LIMITED COMPANY
REGISTERED UNDER COMPANIES ACT,
THROUGH ITS DIRECTOR
MR. DEEPAK KRISHNAPPA
HAVING OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE 560 046
3 SRI. MUNIANJINAPPA
AGED ABOUT 77 YEARS
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
4. SRI. M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 71 YEARS,
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
5. MR. M.H. SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
- 20 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT - 560 082
6. M/S. MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS
OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION
BANGALORE - 560 085
REPRESENTED BY ITS
MANAGING DIRECTOR
...RESPONDENTS
(BY SRI. T PRAKASH, ADVOCATE FOR R3-R6)
THIS CRP FILED UNDER SEC.115 OF CPC 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.4 IN OS
NO.224/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.4 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 143/2018:
BETWEEN:
1. MR. MAHESH CHANDRA AGARWAL
S/O LATE MR R R AGARWAL,
AGED ABOUT 78 YEARS
2. MR. SALIL AGARWAL
S/O MR MAHESH CHANDRA AGARWAL
AGED ABOUT 36 YEARS
BOTH RESIDING AT HAZAL 801/802,
ST. JOHNS WOOD APARTMENTS ,
80, ST. JOHN CROSS ROAD,
BANGALORE - 560 029.
...PETITIONERS
(BY SRI. AJIT P B, ADVOCATE)
- 21 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
AND:
1. M/S METROCORP,
A REGISTERED PARTNERSHIP FIRM,
THROUGH ITS PARTNER
MR. DEEPAK KRISHNAPPA
HAVING OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE- 560 046
2. M/S METROCORP INFRASTRUCTURE LTD.,
A PRIVATE LIMITED COMPANY
REGISTERED UNDER COMPANIES ACT,
THROUGH ITS DIRECTOR
MR. DEEPAK KRISHNAPPA
HAVING OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
3 SRI. MUNIANJINAPPA
AGED ABOUT 78 YEARS
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
4. SRI. M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 71 YEARS,
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
5. MR. M.H. SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST
DEVENAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110
6. M/S. MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS
- 22 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION
BANGALORE - 560 085
REPRESENTED BY ITS
CHAIRMAN/MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY
...RESPONDENTS
(BY SRI. T. PRAKASH, ADVOCATE FOR R3, R4, R5 AND R6)
THIS CRP FILED UNDER SEC.115 OF CPC., 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.4 IN OS
NO.222/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC.,DEVANAHALLI ALLOWING THE IA NO.4 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 203/2018:
BETWEEN:
1. MR. ANAND NATARAJ
AGED ABOUT 52 YEARS,
S/O MR.G.S.NATARAJ,
REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER, MRS. ASHA NATARAJ,
D/O MR. G.S.NATARAJ,
R/AT NO.MF3/29,
BDA FLATS, NEW THIPPASANDRA,
HAL 3RD STAGE, BANGALORE - 560 075.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S. METROCORP
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS PARTNER,
MR. DEEPAK KRISHNAPPA
- 23 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2. SRI. MUNIANJINAPPA
AGED ABOUT 77 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
3. SMT. PILLAMMA
AGED MAJOR,
W/O LATE MUNIHANUMANTHAPPA,
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
4. SRI. MUNEGOWDA
AGED ABOUT 45 YEARS,
S/O SRI MUNIANJINAPPA,
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
5. SRI HANUMANTHAGOWDA
AGED ABOUT 39 YEARS,
S/O SRI MUNIANJINAPPA,
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
6. SRI. M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 71 YEARS,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT.VINODA NAGARAJ
AGED MAJOR,
W/O SRI. M.H.NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI. N.PRASHANTH
AGED ABOUT 37 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
- 24 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI. N.PRAVEEN
AGED ABOUT 33 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS N PRATHIBHA
AGED ABOUT 31 YEARS
D/O SRI. M.H. NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
11. SRI. M.H.SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
12. SMT. PADMAVATHI
AGED ABOUT 57 YEARS,
W/O M H SHAMANNA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI,
HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
RESPONDENT NOS.2 TO 12 REPRESENTED BY THEIR
GENREAL POWER OF ATTORNEY HOLDER
MADHAVI ASSETS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
NO.289, 1ST FLOR, 15TH MAIN,
RMV EXTENSION BANGALORE - 560 080.
REPRESENTED BY ITS MANAGING DIRECTOR,
MR. RAVI SHANKAR SHETTY
- 25 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED
UNDER THE PROVISISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN,
RMV EXTENSION, BANGALORE - 560 080.
REPRESENTED BY ITS
CHAIRMAN/MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY.
...RESPONDENTS
(BY SRI.T.PRAKASH, ADVOCATE FOR R2 TO R13)
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 16.02.2018 PASSED ON IA NO.7 IN OS
NO.536/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.7 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 204/2018:
BETWEEN:
1. MR. VIVEK
AGED ABOUT 49 YEARS,
S/O MR. VIJAY KUMAR MEHROTRA
2. MRS. NIDHI MEHROTRA
AGED ABOUT 48 YEARS,
W/O MR. VIVEK MEHROTRA
BOTH RESIDING AT NO. 905,
PURVA VANTAGE, 19TH MAIN,
25 B CROSS, SEC 2 HSR LAYOUT,
BANGALORE - 560 102.
...PETITIONERS
(BY SRI. AJIT P B., ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.17,
- 26 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS PARTNER,
MR. DEEPAK KRISHNAPPA
2. SRI. MUNIANJINAPPA
AGED ABOUT 77 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
3. SMT. PILLAMMA
AGED MAJOR,
W/O LATE MUNIANJINAPPA,
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
4. SRI. MUNEGOWDA
AGED ABOUT 45 YEARS,
S/O SRI MUNIANJINAPPA,
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
5. SRI. HANUMANTHAGOWDA
AGED ABOUT 39 YEARS,
S/O SRI MUNIANJINAPPA,
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
6. SRI.M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 71 YEARS,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
AGED MAJOR,
W/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
- 27 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
8. SRI. N. PRASHANTH
AGED ABOUT 37 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI. N. PRAVEEN
AGED ABOUT 33 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS. N. PRATHIBHA
AGED ABOUT 31 YEARS
D/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
11. SRI. M.H. SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
12. SMT. PADMAVATHI
AGED ABOUT 57 YEARS,
W/O M H SHAMANNA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED
UNDER THE PROVISISIONS OF THE
COMPANIES ACT HAVING ITS REGISTERED
OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN,
- 28 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
RMV EXTENSION, BANGALORE - 560 080.
REPRESENTED BY ITS CHAIRMAN/
MANAGING DIRECOR.
...RESPONDENTS
(BY SRI. T. PRAKASH, ADVOCATE FOR R2 TO R13)
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.6 IN OS
NO.624/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.6 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILATION ACT, 1996.
IN CRP NO. 206/2018:
BETWEEN:
1. MR. SARVANAN B,
S/O MR. R.T.V.BALAKRISHNAN
AGED ABOUT 43 YEARS,
PRESENTLY R/AT NO.3304,
RANCH PARK TRAIL, ROUND ROCK,
TEXAS - 78681, USA
PERMANENT RESIDING AT PRIMISES IN NO.6
5TH CROSS, LAKSHMI ROAD,
SHANTINAGAR, BANGALORE - 560027.
REP BY HIS POWER OF ATTORNEY
HOLDER MR. B BALAMURUGAN,
S/O MR. R.T.V.BALAKRISHNAN
AGED ABOUT 43 YEARS,
NO.6, 5TH CROSS, LAKSHMI ROAD,
SHANTINAGAR, BANGALORE - 560 027.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. MR. MUNIANJINAPPA
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 78 YEARS
RESIDENT OF NO.29,
GOVERNMENT SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
- 29 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2. MR. M.H. NAGARAJ
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 71 YEARS,
RESIDENT OF NAGARAJ COMPLEX
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
3. MR. M H SHAMANNA
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 68 YEARS,
RESIDENT OF CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
4. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE ATNO. 289,
1ST FLOOR, 15TH MAIN,
RMV EXTENSION, BANGALORE - 560 080
REPRESENTED BY ITS
CHAIRMAN/MANAGING DIRECTOR
MR RAVI SHANKAR SHETTY
5. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM HAVING ITS
PRINCIPAL PLACE OF BUSINESS
AT NO.17, JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPERSENTED BY ITS PARTNER
MR. DEEPAK KRISHNAPPA
ALSO KNOWN AS
M/S. METROCORP HOUSING
CORPORATION PVT. LTD.
REGISTERED OFFICE AT NO. 17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPERSENTED BY ITS DIRECTOR
MR. DEEPAK KRISHNAPPA
- 30 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
6. M/S METROCORP INFRASTRUCTURE
REGISTERED PARTNERSHIP FIRM
OFFICE AT NO 17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPERSENTED BY ITS PARTNER
MR. DEEPAK KRISHNAPPA
ALSO KNOWN AS
M/S METROCORP INFRASTRUCTURE PVT LTD.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE INDIAN COMPANIES ACT WITH
ITS REGISTERED OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS DIRECTOR.
MR. DEEPAK KRISHNAPPA
...RESPONDENTS
(BY SRI.T.PRAKASH AND RAJASHEKAR .P., ADVOCATES FOR
R1 TO R4)
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 23.08.2017 PASSED ON IA NO.6 IN OS
NO.5331/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.6 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 207/2018:
BETWEEN:
1. MR. B.HARIHARA SUBRAMANIAN
AGED ABOUT 62 YEARS,
S/O MR. H BALA SUBRAMANIAN,
REPRESENTED BY THEIR GENERAL POWER OF
ATTORNEY HOLDER,
MR. GANESH BHANDARKAR,
AGED ABOUT 34 YEARS,
R/AT MITHUNA CONSTRUCTION,
SKANDA TOWERS, MHEHC LAYOUT,
- 31 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
DR.SHIVRAMKARANTHNAGAR,
JAKKUR POST, BANGALORE.
2. MR. AKSHAY HARI
AGED ABOUT 30 YEARS,
S/O MR. B HARIHARA SUBRAMANIAN,
REPRESENTED BY THEIR GENERAL POWER OF
ATTORNEY HOLDER,
MR. GANESH BHANDARKAR,
AGED ABOUT 34 YEARS,
R/AT MITHUNA CONSTRUCTION SKANDA TOWERS,
MHEHC LAYOUT,
DR.SHIVRAMKARANTHNAGAR,
JAKKUR POST, BANGALORE
...PETITIONERS
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S. METROCORP
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS PARTNER,
MR. DEEPAK KRISHNAPPA
2. SRI MUNIANJINAPPA
AGED ABOUT 77 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
3. SMT. PILLAMMA
AGED MAJOR,
W/O LATE MUNIHANUMANTHAPPA,
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
4. SRI. MUNEGOWDA
AGED ABOUT 45 YEARS,
S/O SRI MUNIANJINAPPA,
- 32 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
5. SRI HANUMANTHAGOWDA
AGED ABOUT 39 YEARS,
S/O SRI MUNIANJINAPPA,
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
6. SRI. M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 71 YEARS,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
AGED MAJOR,
W/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI. N. PRASHANTH
AGED ABOUT 37 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI. N.PRAVEEN
AGED ABOUT 33 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS .N.PRATHIBHA
AGED ABOUT 31 YEARS
D/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
- 33 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
11. SRI. M H SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI,
HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
12. SMT. PADMAVATHI
AGED ABOUT 57 YEARS,
W/O M H SHAMANNA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED
UNDER THE PROVISISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN,
RMV EXTENSION, BANGALORE - 560 080
REPRESENTED BY ITS
CHAIRMAN/MANAGING DIRECOR.
...RESPONDENTS
(BY SRI. T. PRAKASH, ADVOCATE FOR R2 TO R13
(GPA COPY FILED FOR R2 TO R12)
V/O DATED 22.05.2023 NOTICE TO R1)
THIS CRP FILED UNDER SEC.115 OF CPC.,1908, AGAINST
THE ORDER DATED 23.08.2017 PASSED ON IA NO.5 IN OS
NO.638/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., DEVANAHALLI ALLOWING THE IA NO.5 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 208/2018:
BETWEEN:
MR. SUNIL PRABHU B
S/O MR.K MADHAVA PRABHU,
- 34 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
AGED ABOUT 48 YEARS,
R/AT IN E-505,
PRIDE APARTMENTS, BILEKAHALLI,
BANNERGHATTA ROAD,
BANGALORE.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. MR. MUNIANJINAPPA
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 78 YEARS
RESIDENT OF NO.29,
GOVERNMENT SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
2. MR. M H NAGARAJ
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 71 YEARS,
RESIDENT OF NAGARAJ COMPLEX
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
3. MR. M H SHAMANNA
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 68 YEARS,
RESIDENT OF CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
4. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE ATNO. 289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION
BANGALORE - 560 080
REPRESENTED BY ITS
CHAIRMAN/MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY.
- 35 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
5. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM HAVING ITS
PRINCIPAL PLACE OF BUSINESS
AT NO.17, JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS PARNTER
MR. DEEPAK KRISHNAPPA
ALSO KNOWN AS
M/S METROCORP HOUSING CORPORATION PVT LTD.,
REGISTERED OFFICE AT NO. 17
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS DIRECTOR
MR. DEEPAK KRISHNAPPA.
6. M/S METROCORP INFRASTRUCTURE
REGISTERED PARTNERSHIP FIRM
OFFICE AT NO 17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPERSENTED BY ITS PARTNER
MR. DEEPAK KRISHNAPPA
ALSO KNOWN AS
M/S METROCORP INFRASTRUCTURE PVT LTD.,
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE INDIAN
COMPANIES ACT WITH ITS REGISTERED
OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS DIRECTOR.
MR.DEEPAK KRISHNAPPA.
...RESPONDENTS
(BY SRI. T. PRAKASH AND RAJASHEKAR.P. ADVOCATE R1
TO R4;
V/O DATED 22.05.2023 NOTICE R5)
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED PASSED ON IA NO.7 IN OS NO.532/2014 ON
- 36 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC.,DEVANAHALLI ALLOWING THE IA NO.7 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 209/2018:
BETWEEN:
1. MR SAMIRA MEHTA
AGED ABOUT 48 YEARS,
W/O SACHIN AGGARWAL,
R/AT TH-102, PURVA PAKRIDGE,
MAHADEVAPURA, BANGALORE - 560 048.
2. MR. SACHIN AGGARWAL
AGED ABOUT 48 YEARS,
S/O MR. VINAY SAGAR,
R/AT TH-102, PURVA PAKRIDGE,
MAHADEVAPURA, BANGALORE-560 048.
...PETITIONERS
(BY SRI. AJIT P B., ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046.
REPRESENTED BY ITS PARTNER,
MR. DEEPAK KRISHNAPPA
2. SRI MUNIANJINAPPA
AGED ABOUT 77 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR BANGALORE-560 064
3. SMT PILLAMMA
AGED MAJOR,
W/O LATE MUNIANJINAPPA,
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR BANGALORE-560 064
- 37 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
4. SRI MUNEGOWDA
AGED ABOUT 45 YEARS,
S/O SRI MUNIANJINAPPA,
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE-560 064
5. SRI HANUMANTHAGOWDA
AGED ABOUT 39 YEARS,
S/O SRI MUNIANJINAPPA,
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE-560 064
6. SRI M H NAGARAJ
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 71 YEARS,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD-580 008
7. SMT VINODA NAGARAJ
AGED MAJOR,
W/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD-580 008
8. SRI N PRASHANTH
AGED ABOUT 37 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD-580 008
9. SRI N PRAVEEN
AGED ABOUT 33 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD-580 008
10. MS N PRATHIBHA
AGED ABOUT 31 YEARS
- 38 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
D/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, IST CROSS,
NARAYANAPURA, DHARWAD-580008
11. SRI M H SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
12. SMT PADMAVATHI
AGED ABOUT 57 YEARS,
W/O M H SHAMANNA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
RESPONDNET NO 2 TO 12 REPRESENTED
BY THIS G.P.A HOLDER MADHAVI ASSETS
PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
NO. 289, 1ST FLOOR, 15TH MAIN,
RMV EXTENSION, BANGALORE - 560 080
REPRESENTED BY ITS MANAGING DIRECTOR,
MR. RAVI SHANKAR SHETTY.
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE PROVISISIONS OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION,
BANGALORE-560080
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY.
...RESPONDENTS
(BY SRI. T. PRAKASH AND MAHANTAPPA, ADVOCATES FOR R2
TO R13)
- 39 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.4 IN OS
NO.535/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., DEVANAHALLI ALLOWING THE IA NO.4 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 210/2018:
BETWEEN:
1. MR. MANOJ GUPTA
AGED ABOUT 50 YEARS,
S/O MR.MOHAN LAL GUPTA,
2. MRS. BHAVNA GUPTA
W/O MANOJ GUPTA,
BOTH RESIDING AT
CALIFORNIA, U.S.A.
REPRESENTED BY THEIR
POWER OF ATTORNEY HOLDER
MR. JITEN GUPTA,
S/O RAMESHCHANDRA GUPTA,
AGED ABOUT 32 YEARS,
RESIDING AT J1212, BRIGADE METROPOLIES,
GARUDACHARPALYA, WHITEFIELD ROAD,
BANGALORE - 560 048
...PETITIONERS
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS PARTNER,
MR. DEEPAK KRISHNAPPA
2. SRI. MUNIANJINAPPA
AGED ABOUT 77 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
- 40 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
3. SMT. PILLAMMA
AGED MAJOR,
W/O LATE MUNIANJINAPPA,
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR BANGALORE - 560 064.
4. SRI. MUNEGOWDA
AGED ABOUT 45 YEARS,
S/O SRI MUNIANJINAPPA,
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
5. SRI. HANUMANTHAGOWDA
AGED ABOUT 39 YEARS,
S/O SRI MUNIANJINAPPA,
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064
6. SRI. M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 71 YEARS,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
AGED MAJOR,
W/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI. N.PRASHANTH
AGED ABOUT 37 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
- 41 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
9. SRI N PRAVEEN
AGED ABOUT 33 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS N PRATHIBHA
AGED ABOUT 31 YEARS
D/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
11. SRI. M.H. SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
12. SMT PADMAVATHI
AGED ABOUT 57 YEARS,
W/O M H SHAMANNA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI,
HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
RESPONDENT NO 2 TO 12
REPRESENTED BY THIS G.P.A HOLDER
MADHAVI ASSETS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
NO. 289, 1ST FLOOR, 15TH MAIN,
RMV EXTENSION, BANGALORE - 560 080
REPRESENTED BY ITS MANAGING DIRECTOR,
MR. RAVI SHANKAR SHETTY.
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED UNDER
- 42 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
THE PROVISISIONS OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION,
BANGALORE-560080
REPRESENTED BY ITS CHAIRMAN/
MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY.
...RESPONDENTS
(BY SRI.T. PRAKASH ADVOCATE FOR R2, R6, R11 AND R13
(REP BY GPA HOLDER))
R3, R4, R5, R7 R8, R9 AND R10 ARE SERVED.
THIS CRP FILED UNDER SEC.115 OF CPC.,1908, AGAINST
THE ORDER DATED 23.08.2017 PASSED ON IA NO.5 IN OS
NO.411/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC.,DEVANAHALLI ALLOWING THE IA NO.5 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO.276/2018:
BETWEEN:
MR. K.S.R.KOTESHWAR RAO
S/O MR VENKATASWAMY
R/A NE-116, BLOCK-8
NEW HOUSE COLONY
INDIAN INSTITUTE OF SCIENCE
BANGALORE - 560 012.
...PETITIONER
(BY SRI. AJIT P B, THONTADHARYA R.K. AND
BHARGAV.D. BHAT, ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS PARTNER,
MR. DEEPAK KRISHNAPPA
- 43 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2. SRI. MUNIANJINAPPA
AGED ABOUT 77 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR BANGALORE - 560 064.
3. SMT. PILLAMMA
AGED MAJOR,
W/O LATE MUNIANJINAPPA,
R/AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR BANGALORE - 560 064.
4. SRI. MUNEGOWDA
AGED ABOUT 45 YEARS,
S/O SRI MUNIANJINAPPA,
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
5. SRI. HANUMANTHAGOWDA
AGED ABOUT 39 YEARS,
S/O SRI MUNIANJINAPPA,
R/AT NO.29, GOVT.SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064
6. SRI. M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 71 YEARS,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
AGED MAJOR,
W/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI. N.PRASHANTH
AGED ABOUT 37 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
- 44 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI N PRAVEEN
AGED ABOUT 33 YEARS
S/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS N PRATHIBHA
AGED ABOUT 31 YEARS
D/O SRI M H NAGARAJ,
R/OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
11. SRI. M.H. SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
12. SMT PADMAVATHI
AGED ABOUT 57 YEARS,
W/O M H SHAMANNA,
R/AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
RESPONDENT NO 2 TO 12
REPRESENTED BY THIS G.P.A HOLDER
MADHAVI ASSETS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
NO. 289, 1ST FLOOR, 15TH MAIN,
RMV EXTENSION, BANGALORE - 560 080
REPRESENTED BY ITS MANAGING DIRECTOR,
MR. RAVI SHANKAR SHETTY.
- 45 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE PROVISISIONS OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION,
BANGALORE-560080
REPRESENTED BY ITS CHAIRMAN/
MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY.
...RESPONDENTS
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.8 IN OS
NO.306/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., DEVANAHALLI ALLOWING THE IA NO.8 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT.1996.
IN CRP NO. 381/2018
BETWEEN:
1. MR VIVEK SOMAN
AGED ABOUT 49 YEARS,
S/O MR. VASUDEVA V SOMAN,
RESIDING AT NO.6507,
214TH, AVE NUE, REDMOND WA 98053, USA,
REP BY HIS POWER OF ATTORNEY HOLDER,
MR. ARAVINDAN.K
AGED ABOUT 49 YEARS,
S/O MR. M.K.K.NAIR,
RESIDING AT NO.72,
6TH CROSS, A BLOCK,
AECS LAYOUT, KUNDALAHALLI,
BANGALORE - 560 037
...PETITIONER
(BY SRI. AJIT.P.B. AND THONTADHARAYA .R.K., ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.17,
- 46 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
RELP BY ITS PARTNER
MR DEEPAK KRISHNAPPA
2. SRI. MUNIANJINAPPA
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT NO.29,
GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064
3. SMT. PILLAMMA
W/O LATE MUNIHANUMANTHAPPA,
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064
4. SRI.MUNEGOWDA
S/O SRI.MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 64.
5. SRI. HANUMANTHAGOWDA
S/O SRI.MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE-64.
6. SRI.M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
W/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI.N. PRASHANTH
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
- 47 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI.N.PRAVEEN
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS. N.PRATHIBHA
D/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
11. SRI. M.H.SHAMANNA
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT
12. SMT. PADMAVATHI
W/O M.H.SHAMANNA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED
UNDER THE PROVISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN,
RMV EXTENSION, BANGALORE - 80
REPBY ITS MANAGING DIRECTOR
MR'S RAVI SHANKAR SHETTY
...RESPONDENTS
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 23.08.2017 PASSED ON IA NO.3 IN OS
NO.211/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.3 FILED UNDER
- 48 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 382/2018:
BETWEEN:
1. MR SUMAN AGARWAL
W/O MR. SURENDRA AGARWAL,
RESIDING AT 252,
1ST CROSS, DEFENCE COLONY,
INDIRANAGAR, BANGALORE - 38
REP BY HER POWER OF ATTORNEY HOLDER MR.
SURENDRA BHAUWALA,
AGED ABOUT 63 YEARS,
S/O LATE ATMARAM BHAUWALA,
RESIDING AT NO.13,
13TH MAIN, M.C.LAYOUT,
VIJAYANAGAR, BANGALORE - 560 040
...PETITIONER
(BY SRI. AJIT P B AND THONTADHARYA R.K, ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
RELP BY ITS PARTNER
MR DEEPAK KRISHNAPPA
2. SRI. MUNIANJINAPPA
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT NO.29,
GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064
3. SMT. PILLAMMA
W/O LATEMUNIHANUMANTHAPPA,
RESIDING AT NO.29,
GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064
- 49 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
4. SRI.MUNEGOWDA
S/O SRI.MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 64.
5. SRI. HANUMANTHAGOWDA
S/O SRI.MUNIANJINAPPA
RESIDING AT NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE-64.
6. SRI.M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS, NARAYANAPURA,
DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
W/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI.N. PRASHANTH
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI.N.PRAVEEN
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS. N.PRATHIBHA
D/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
- 50 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
11. SRI. M.H.SHAMANNA
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT
12. SMT. PADMAVATHI
W/O M.H.SHAMANNA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI,
HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED
UNDER THE PROVISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN,
RMV EXTENSION, BANGALORE - 560 080
REPBY ITS MANAGING DIRECTOR
MR'S RAVI SHANKAR SHETTY
...RESPONDENTS
(BY SRI.T.PRSKSDH ADVOCATE FOR R2- R13
V/O DATED 22.05.2023 NOTICETO R1 H/S)
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.5 IN OS
NO.505/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.5 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 383/2018:
BETWEEN:
1. MR. JAWED ZIA,
S/O MR. ZIAUL HUSSAIN
AGED ABOUT 53 YEARS
RESIDING IN FLAT NO E-76,
DIAMOND DISTRICT,
- 51 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
OLD AIRPORT ROAD,
KODIHALLI, BANGALORE - 560 008.
2. MRS. AMIR JEHAN
W/O MR. ZIAUL HUSSAIN,
AGED ABOUT 74 YEARS
RESIDING IN FLAT NO. E-76,
DIAMOND DISTRICT,
OLD AIRPORT ROAD,
KODIHALLI, BANGALORE - 560 008
...PETITIONERS
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. MR. MUNINJINAPPA
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 78 YEARS
RESIDENT OF NO 29,
GOVERNMENT SCHOOL ROAD,
JAKKUR BENGALURU - 560 064.
2. MR. M H NAGARAJ
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 71 YEARS
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
3. MR M H SHAMANNA
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 68 YEARS
RESIDENT OF CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI,
HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT.
4. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT HAVING ITS REGISTERED OFFICE AT
NO 289, 1ST FLOOR,
- 52 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
15TH MAIN, RMV EXTENSION,
BENGALURU - 560 080
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY
5. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF
BUSINESS AT NO 17,
JAYAMAHALA MAIN ROAD,
BENGALURU - 560046
REPRESENTED BY ITS PARTNER
MR. DEEPAK KRISHNAPPA.
ALSO KNOWN AS
M/S METROCORPO HOUSING CORPORATION PVT LTD
REGSITERED AT NO 17,
JAYAMAHALA MAIN ROAD,
BENGALURU - 560 046
REPRESENTED BY ITS PARTNER
MR DEEPAK KRISHNAPPA
6. M/S METROCORP INFRASTRUCTURE
A REGISTERED PARTNERSHIP FIRM
OFFICE AT NO 17,
JAYAMAHALA MAIN ROAD,
BENGALURU - 560046
REPRESENTED BY ITS PARTNER
MR DEEPAK KRISHNAPPA
ALSO KNOWN AS
M/S METROCORP INFRASTRUCTURE PVT LTD
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE INDIAN COMPANIES
ACT, WITH ITS REGSITERED OFFICE
AT NO 17, JAYAMAHALA MAIN ROAD,
BENGALURU - 560 046
REPRESENTED BY ITS DIRECTOR
MR. DEEPAK KRISHNAPPA
...RESPONDENTS
(BY SRI. T. PRAKASH ADVOCATE FOR R1-R4;
V/O DATED 22.05.2023 NOTICE TO R5 AND R6 H/S)
- 53 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.3 IN OS
NO.511/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.3 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 384/2018:
BETWEEN:
1. MR. CHANDRA NARAYANAN
S/O MR. S. NARAYANAN,
RESIDING AT F-301, ADARSH
RESIDENCY 47TH CROSS,
8TH BLOCK, JAYANAGAR,
BANGALORE - 560 082.
...PETITIONER
(BY SRI. AJIT P B AND THONTADHARYA R.K., ADVOCATES)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS
AT NO.17, JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
RELP BY ITS PARTNER MR DEEPAK KRISHNAPPA
2. SRI. MUNIANJINAPPA
AGED ABOUT 77 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR, BANGALORE -560 064.
3. SMT. PILLAMMA
W/O LATE MUNIANJINAPPA,
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
- 54 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
4. SRI.MUNEGOWDA
AGED ABOUT 45 YEARS,
S/O SRI.MUNIANJINAPPA
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
5. SRI. HANUMANTHAGOWDA
AGED ABOUT 39 YEARS,
S/O SRI.MUNIANJINAPPA
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
6. SRI.M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
AGED MAJOR,
W/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI.N. PRASHANTH
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI.N.PRAVEEN
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS. N. PRATHIBHA
D/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
- 55 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
11. SRI.M.H.SHAMANNA
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT
12. SMT. PADMAVATHI
W/O M.H.SHAMANNA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT
RESPONDENT NO 2 TO 12 REPRESENTED
BY THEIR G.P.A HOLDER MADHAVI
ASSETS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
NO.289, 1ST FLOOR, 15TH MAIN,
RMV EXTENSION, BANGALORE - 560 080
REPRESENTED BY ITS
MANAGING DIRECTOR,
MR. RAVI SHANKAR SHETTY.
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED
UNDER THE PROVISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION,
BANGALORE - 560 080
REPBY ITS MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY.
...RESPONDENTS
(BY SRI. T. PRAKASH ADVOCATE FOR R2-R13
NOTICE TO R1 HELD SUFFICIENT)
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.4 IN OS NO.
537/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
DEVANAHALLI ALLOWING THE IA NO.4 FILED UNDER SEC.8 OF
- 56 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 385/2018:
BETWEEN:
1. MR. INDERBIR SINGH DHINGRA
S/O MR B S DINGARA,
AGED ABOUT 39 YEARS,
RESIDING AT NO 402,
GANGOTHRI APARTMENT,
NO 7/216, SWAROOP NAGAR,
KANPUR - 208 002.
REPRESENTED BY HIS GPA HOLDER
MR GUNJAN BHARTIA,
S/O MR DINESH KUMAR BHARTIA,
AGED ABOUT 40 YEARS
RESIDING AT L - 42, DIAMOND DISTRICT,
OLD AIRPORT ROAD, BENGALURU.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. MR MUNINJINAPPA
S/O LATE MUNIHANUMANTHAPPA
AGED ABOUT 78 YEARS
RESIDENT OF NO 29,
GOVERNMENT SCHOOL ROAD,
JAKKUR BENGALURU - 560 064.
2. MR M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 71 YEARS
RESIDENT OF NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
3. MR M.H. SHAMANNA
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 68 YEARS
- 57 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
RESIDENT OF CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT.
4. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS
OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO 289, 1ST FLOOR,
15TH MAIN, RMV EXTENSION,
BENGALURU - 560 080
REPRESENTED BY ITS
MANAGING DIRECTOR
5. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS
AT NO 17, JAYAMAHALA MAIN ROAD,
BENGALURU - 560 046.
ALSO AT
NO 1, SRIRAM SAI NILAYAM ORIGON,
ENCLAVE NEXT TO DODDAJALA GRAMA PANCHAYATH
OFFICE, DODDAJALA VILLAGE,
JALA HOBLI, BENGALURU NORTH TALUK,
BENGALURU
REPRESENTED BY ITS PARTNER
MR DEEPAK KRISHNAPPA
ALSO KNOWN AS
M/S METROCORPO HOUSING CORPORATION PVT LTD
REGISTERED
AT NO 17, JAYAMAHALA MAIN ROAD,
BENGALURU - 560 046
ALSO AT
NO 1, SRIRAM SAI NILAYAM ORIGON ENCLAVE NEXT TO
DODDAJALA GRAMA PANCHAYATH OFFICE,
DODDAJALA VILLAGE JALA HOBLI,
BENGALURU NORTH TALUK BENGALURU
REPRESENTED BY ITS PARTNER
MR DEEPAK KRISHNAPPA.
- 58 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
6. M/S METROCORP INFRASTRUCTURE
A REGISTERED PARTNERSHIP FIRM
OFFICE AT NO 17,
JAYAMAHALA MAIN ROAD,
BENGALURU - 560 046
ALSO AT
NO 1, SRIRAM SAI NILAYAM,
ORIGON ENCLAVE NEXT TO DODDAJALA GRAMA
PANCHAYATH OFFICE,
DODDAJALA VILLAGE JALA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU.
REPRESENTED BY ITS PARTNER
MR DEEPAK KRISHNAPPA
ALSO KNOWN AS
M/S METROCORP INFRASTRUCTURE PVT LTD
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF THE
INDIAN COMPANIES ACT WITH ITS
REGSITERED AT NO 17,
JAYAMAHALA MAIN ROAD,
BENGALURU - 560 046
REPRESENTED BY ITS DIRECTOR
...RESPONDENTS
(BY SRI. T. PRAKASH ADVOCATE FOR R1- R4;
V/O DATED 22.05.2023 NOTICE TO R5 AND R6 H/S)
THIS CRP FILED UNDER SEC.115 OF CPC.,1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.8 IN OS
NO.795/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC.,DEVANAHALLI ALLOWING THE IA NO.8 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT.1996.
IN CRP NO. 386/2018:
BETWEEN:
1. MR. AMISH GAMBHIR
S/O MR. OMPRAKASH GAMBHIR,
AGED ABOUT 49 YEARS,
- 59 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2. MRS. RASHMI GAMBHIR
W/O MR. AMISH GAMBHIR,
AGED ABOUT 49 YEARS,
BOTH ARE RESIDING AT NO. 239,
PRESTIGE OZONE,
WHITEFIELD MAIN ROAD,
WHITEFIELD, BANGALORE - 560 066.
....PETITIONERS
(BY SRI. AJIT P B., ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
RELP BY ITS PARTNER
MR DEEPAK KRISHNAPPA
2. SRI. MUNIANJINAPPA,
AGED ABOUT 83 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT NO.29,
GOVT. SHCHOOL ROAD,
JAKKUR, BANGLAORE- 560 064.
3. SMT. PILLAMMA
AGE MAJOR,
W/O LATEMUNIHANUMANTHAPPA,
RESIDING AT NO.29,
GOVT. SCHOOL ROAD,
JAKKUR,BANGALORE -560 064
4. SRI.MUNEGOWDA
AGED ABOUT 45 YEARS,
S/O SRI.MUNIANJINAPPA
RESIDING AT NO.29,
GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
- 60 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
5. SRI. HANUMANTHAGOWDA
AGED ABOUT 39 YEARS,
S/O SRI.MUNIANJINAPPA
RESIDING AT NO.29,
GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
6. SRI. M.H. NAGARAJ
AGED ABOUT 71 YEARS,
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
AGED MAJOR,
W/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI.N. PRASHANTH
AGED ABOUT 37 YEARS,
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI.N.PRAVEEN
AGED ABOUT 33 YEARS,
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS N PRATHIBHA
AGED ABOUT 31 YEARS,
D/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
- 61 -
NC: 2024:KHC:33618
CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
11. SRI.M.H.SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI,
HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT
12. SMT. PADMAVATHI
AGED ABOUT 68 YEARS,
W/O M.H.SHAMANNA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI,
HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN,
RMV EXTENSION, BANGALORE - 560 080
REP. BY ITS CHAIRMAN
MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY.
14. METROCORP
REGISTERED PARTNERSHIP FIRM
OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE 560 046
REPRESENTED BY ITS PARTNER
MR.DEEPAK KRISHNAPPA
ALSO KNOWN AS
M/S. METROCORP HOUSING CORPORATION PVT.LTD.
REGISTERED OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD
BANGALORE 560 046
REPRESENTED BY ITS PARTNER
MR.DEEPAK KRISHNAPPA
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C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
15. METROCORP INFRASTRUCTURE
REGISTERED PARTNERSHIP FIRM
OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE 560 046
REPRESENTED BY ITS PARTNER
MR.DEEPAK KRISHNAPPA.
ALSO KNOWN AS
M/s. METROCORP INFRASTRUCTURE PVT LTD
A COMPANY INCORPORATED UNDER THE PROVISIONS
OF THE INDIAN COMPANIES ACT WITH ITS REGISTERED
OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE -560 046
REPRESENTED BY ITS DIRECTOR
MR.DEEPAK KRISHNAPPA
16. M/S ASIA PRAGATI CAPFIN PVT LTD
FORMERLY KNOWN AS ZWIRN PRAGATII
CAPFIN, PRIVATE LTD AND
PORAGATI CAPFIN PVT.LTD.
WITH ITS OFFICE AT NO 801-807
TOLSTOY HOUSE, TOLSTOY MARG,
NEW DELHI 110 001
REPRESENTED BY ITS
MANAGING DIRECTOR
UDAY J S WALIA
...RESPONDENTS
( V/O DATED 22.05.2023 NOTICE TO R1 AND R2 H/S)
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 16.07.2017 PASSED ON IA NO.5 IN OS
NO.257/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.5 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT.1996.
- 63 -
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C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
IN CRP NO. 387/2018:
BETWEEN:
1. MR RAHUL V AURADKAR
S/O. LATE. MR. V S AURADKAR,
AGE ABOUT 53 YEARS,
2. MRS. UMARANI S BANGALORE
W/O. MR. RAHUL V AURADKAR,
AGED ABOUT 51 YEARS,
BOTH RESIDING IN NO 1318,
230TH AVE NE,
REP BY THEIR POWER OF
ATTORNEY HOLDER,
MR. B S VENKATESH,
AGE 56 YEARS,
S/O. MR. B R SOMASHEKARA,
R. R/AT NO. 226-Y,
13TH MAIN, 3RD BLOCK,
RAJAJINAGAR, BANGALORE - 560 010
...PETITIONERS
(BY SRI. AJIT P B., ADVOCATE)
AND:
1. MR MUNIANJINAPPA
S/O. LATE. MUNIHANUMANTHAPPA,
AGED ABOUT 78 YEARS,
R/AT NO. 29,
GOVERNMENT SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
2. MR. M H NAGARAJ
S/O. LATE. MUNIHANUMANTHAPPA,
AGED ABOUT 78 YEARS,
R/AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008
3. MR. M H SHAMANNA
S/O. LATE. MUNIHANUMANTHAPPA,
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C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
AGED ABOUT 78 YEARS,
R/O. CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI,
HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT
4. M/S MADHAVI ASSESTS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT HAVING ITS
REG OFFICE AT NO. 289,
1ST FLOOR, 15TH MAIN,
RMV EXTENSION, SBANGALORE - 560 080.
REP BY ITS
MANAGING DIRECTOR
5. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM, HAVING ITS
PRINCIPAL PLACE OF BUSINESS AT NO. 17, JAYAMAHAL
MAIN ROAD, BANGALORE - 560 046.
REP BY ITS PARTNER,
MR. DEEKPAK KRISHNAPPA,
ALSO KNOWN AS
M/S. METROCORP HOUSING CORPORATION PVT LTD,
REGISTERED OFFICE AT NO. 17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046.
REP BY ITS DIRECTOR,
MR. DEEPAK KRISHNAPPA
6. M/S METROCORP INFRASTRUCTURE
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS PRINCIPAL PLACE OF BUSINESS,
AT NO. 17, JAYAMAHAL MAIN ROAD,
BANGALORE 560046.
REP BY ITS PARTNER,
MR. DEEKPAK KRISHNAPPA,
ALSO KNOWN AS
M/S. METROCORP INFRASTRUCTURE PVT LTD,
A COMPANY INCORPORATED UNDER THE PROVISIONS
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C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
OF THE INDIAN COMPANIES ACT,
WITH ITS REGISTERED OFFICE AT
NO. 17, JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046.
REP BY ITS DIRECTOR,
MR. DEEPAK KRISHNAPPA
...RESPONDENTS
(BY SRI.T. PRAKASH ADVOCATE FOR R1 TO R4
V/O DATED 22.05.2023 NOTICE TO R5 AND R6 H/S)
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.5 IN OS
NO.573/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.5 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
IN CRP NO. 388/2018:
BETWEEN:
1. MRS NISHA ISRANI
W/O MR. VIJAY ISRANI,
AGED ABOUT 50 YEARS,
R/AT 12622, ARROYO DE ARGUELLO,
SARATOGA, CA-95070, USA
CURRENTY CAMPING IN INDIA AT:
VILLA NO.69, ADARSH PALM RETREAT,
OUTER RING ROAD, BELLANDUR POST,
BHOGHANAHALLI VILLAGE,
VARTHUR HOBLI, BANGALORE - 560 103
...PETITIONER
(BY SRI. AJIT P B. AND THONTADHARYA R.K., ADVOCATE)
AND:
1. MR MUNIANJINAPPA
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 78 YEARS,
R/O NO.29, GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE-560 064
- 66 -
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C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2. MR M H NAGARAJ
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 71 YEARS,
R/O NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008
3. MR M H SHAMANNA
S/O LATE MUNIHANUMANTHAPPA,
AGED ABOUT 68 YEARS,
R/O CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI,
HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT
4. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT HAVING ITS REGISTERED OFFICE AT
NO.289, 1ST FLOOR,
15TH MAIN, RMV EXTENSION,
BANGALORE - 560 080.
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. RAVI SHANKAR SHETTY
5. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF
BUSINESS AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS PARTNER
MR DEEPAK KRISHNAPPA
ALSO KNOWN AS
M/S METRO CORP HOUSING
CORPORATION PVT LTD.,
REGISTERED OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
- 67 -
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CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
REPRESENTED BY ITS DIRECTOR
MR DEEPAK KRISHNAPPA.
6. M/S METROCORP INFRASTRUCTURE
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF
BUSINESS AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE -560 046
REPRESENTED BY ITS PARTNER
MR DEEPAK KRISHNAPPA
ALSO KNOWN AS
M/S METRO CORP INFRASTRUCTURE PVT LTD.,
A COMPANY INCORPORATED UNDER THE PROVISIONS
OF THE INDIAN COMPANIES ACT,
WITH ITS REGISTERED OFFICE AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
REPRESENTED BY ITS DIRECTOR
MR DEEPAK KRISHNAPPA
...RESPONDENTS
(BY SRI. T PRAKASH ,ADVOCATE FOR R1 TO R4
V/O DATED 22.05.2023 NOTICE TO R5 AND R6 H/S)
THIS CRP FILED UNDER SEC.115 OF CPC.,1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.6 IN OS
NO.29/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC.,DEVANAHALLI ALLOWING THE IA NO.6 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT.1996.
IN CRP NO. 389/2018:
BETWEEN:
1. MR. AIJAZ AHMED,
AGED ABOUT 47 YEARS,
S/O MOHAMED IQBAL,
RESIDING AT NO.75,
OLD SCHOOL PLACE,
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C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
CROYDON - CR04G,
UNITED KINGDOM - 720 46.
...PETITIONER
(BY SRI. P B AJIT P.B. AND THONTADHARYA R.K, ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 46
REP BY ITS PARTNER
MR DEEPAK KRISHNAPPA
2. SRI. MUNIANJINAPPA
AGED ABOUT 77 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT NO.29,
GOVT. SCHOOL ROAD,
JAKKUR, BANGALORE - 560 046\
3. SMT. PILLAMMA
AGE MAJOR
W/O LATE MUNIANJINAPPA,
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR, BANGALORE - 64.
4. SRI.MUNEGOWDA
S/O SRI.MUNIANJINAPPA
AGED ABOUT 45 YEARS,
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
5. SRI. HANUMANTHAGOWDA
AGED ABOUT 39 YEARS,
S/O SRI.MUNIANJINAPPA
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR, BANGALORE - 560 064.
- 69 -
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C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
6. SRI. M.H. NAGARAJ
AGED ABOUT 71 YEARS,
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
AGED MAJOR,
W/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI. N. PRASHANTH
AGED ABOUT 37 YEARS,
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI.N.PRAVEEN
AGED ABOUT 33 YEARS,
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MS N.PRATHIBHA
AGED ABOUT 31 YEARS,
D/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
11. SRI.M.H.SHAMANNA
AGED ABOUT 68 YEARS,
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT 562 110.
- 70 -
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CRP No. 441 of 2017
C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
12. SMT. PADMAVATHI
W/O M.H.SHAMANNA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT 562 110.
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT HAVING ITS
REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN, RMV EXTENSION,
BANGALORE - 560 080
REPBY ITS CHAIRMAN/
MANAGING DIRECTOR
MR. RAVI SHAKAR SHETTY
...RESPONDENTS
(BY SRI.T. PRAKASH ADVOCATE FOR R2 TO R13;
V/O DATED 22.05.2023 NOTICE TO R1 H/S)
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 23.08.2017 PASSED ON IA NO.4 IN OS
NO.538/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.4 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT.1996.
IN CRP NO. 390/2018:
BETWEEN:
1. MR KARAN CHABRIA
S/O MR. NANDKUMAR CHABRIA,
RESIDING AT NO.19,
4TH B BLOCK, KORAMANGALA,
BANGALORE - 560 034
REP BY THEIR POWER OF ATTORNEY HOLDER,
MRS. KAVITHA CHABRIA,
AGED ABOUT 72 YEARS,
W/O MR. NANDKUMAR CHABRIA,
RESIDING AT NO.19, 4TH B BLOCK,
KORAMANGALA, BANGALORE-560034
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C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
2. MR. NANDKUMAR CHABRIA
S/O MR. SHIVDAYAL CHABRIA
RESIDING AT NO.19,
4TH 'B' BLOCK, KORAMANGALA,
BANGALORE - 560 034
REP BY THEIR POWER OF ATTORNEY HOLDER,
MRS. KAVITHA CHABRIA,
AGED ABOUT 72 YEARS,
W/O MR. NANDKUMAR CHABRIA,
RESIDING AT NO.19,
4TH B BLOCK, KORAMANGALA,
BANGALORE - 560 034
...PETITIONERS
(BY SRI. AJIT P B., ADVOCATE)
AND:
1. M/S METROCORP
A REGISTERED PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.17,
JAYAMAHAL MAIN ROAD,
BANGALORE - 560 046
RELP BY ITS PARTNER MR DEEPAK KRISHNAPPA
2. SRI. MUNIANJINAPPA
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR, BANGALORE - 64
3. SMT. PILLAMMA
W/O LATE MUNIANJINAPPA,
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR,BANGALORE - 64.
4. SRI.MUNEGOWDA
S/O SRI.MUNIANJINAPPA
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR, BANGALORE - 64.
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C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
5. SRI. HANUMANTHAGOWDA
S/O SRI.MUNIANJINAPPA
RESIDING AT NO.29,
GOVT SCHOOL ROAD,
JAKKUR, BANGALORE - 64.
6. SRI.M.H.NAGARAJ
S/O LATE MUNIHANUMANTHAPPA
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
7. SMT. VINODA NAGARAJ
W/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
8. SRI.N. PRASHANTH
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
9. SRI.N.PRAVEEN
S/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
10. MSN PRATHIBHA
D/O SRI.M.H.NAGARAJ
RESIDING AT NAGARAJ COMPLEX,
2ND MAIN, 1ST CROSS,
NARAYANAPURA, DHARWAD - 580 008.
11. SRI.M.H.SHAMANNA
S/O LATE MUNIHANUMANTHAPPA,
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI, HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
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C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
12. SMT. PADMAVATHI
W/O M.H.SHAMANNA
RESIDING AT CHOUDANAHALLI VILLAGE,
KUNDANA HOBLI,
HEGGANAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
13. M/S MADHAVI ASSETS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY INCORPORATED
UNDER THE PROVISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE AT NO.289,
1ST FLOOR, 15TH MAIN,
RMV EXTENSION, BANGALORE-80
REP. BY ITS CHAIRMAN
MANAGING DIRECTOR
...RESPONDENTS
(BY SRI. T. PRAKASH AND RAJASHEKAR .P., ADVOCATE FOR
R2 , R6, R11 AND R13
V/O DATED 22.05.2023 NOTICE TO R1 H/S R3, R4, R5,
R7 R8, R9, R10 AND R12 ARE SERVED)
THIS CRP FILED UNDER SEC.115 OF CPC, 1908, AGAINST
THE ORDER DATED 16.06.2017 PASSED ON IA NO.3 IN OS
NO.626/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI ALLOWING THE IA NO.3 FILED UNDER
SEC.8 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
THESE PETITIONS, COMING ON FOR FURTHER ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The defendants in all these petitions are common, and the disputes arise from the same subject land, which the plaintiffs claim to have purchased as individual plots. Since the issues involved are similar across all cases, they are being taken up together, heard, and disposed of by this common order.
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2. The plaintiffs approached the Trial Court seeking specific performance of an agreement of sale executed by defendant No. 5. The defendant had agreed to convey individual plots to the plaintiffs for valuable consideration but subsequently failed to fulfill his contractual obligations. In all the suits, defendant No. 5 filed an application under Section 8 of the Arbitration and Conciliation Act, 1996, seeking to refer the disputes to arbitration on the ground that the agreements of sale contained an arbitration clause. The Trial Court, by the impugned orders, allowed the applications and referred the parties to arbitration, citing the existence of the arbitration agreement.
3. The learned counsel for the petitioners argued that defendant Nos. 1 to 3, being the original landowners, were not parties to the agreement of sale. Consequently, the Trial Court erred in referring the entire dispute to arbitration. It was further contended that the suit was instituted in 2013, and the unamended version of Section 8 of the Arbitration Act was applicable at the time of the suit's institution. The unamended provision required that only parties to the agreement could be referred to arbitration. Since the suit for specific performance would be enforceable only if all necessary parties, including the landowners (defendant Nos. 1 to 4), were joined, the referral to arbitration was improper. The learned counsel emphasized that the 2015 amendment to Section 8 is prospective and cannot be applied retrospectively to suits filed before its enactment. The following decisions were relied upon:
1. Board of Control for Cricket in India v. Kochi Cricket Private Limited and Ors., (2018) 6 SCC 287.
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2. Smt. Sushma Swaraj v. M/s. Blue Valley Properties Pvt. Ltd. and Anr., W.P. No. 28968/2018.
3. Sukanya Holdings (P) Ltd. v. Jayesh H. Pandya and Anr., (2003) 5 SCC 531.
4. Vidya Drolia v. Durga Trading Corpn., (2021) 2 SCC 1.
4. The learned counsel representing defendant Nos. 1 to 5 supported the order of the Trial Court, arguing that it correctly referred the matter to arbitration and that the petition should be dismissed.
5. After examining the arguments advanced by the learned counsel for both parties, the following observations are made:
a. Admittedly, defendant Nos. 1 to 3, who are the original landowners, and defendant No. 4, the assigner, were not parties/signatories to the agreements of sale entered into between the plaintiffs and defendant No. 5. Consequently, the suit for specific performance against defendant No. 5 cannot be enforced without including the landowners and the assigner as parties to the proceedings.
b. The agreements of sale were executed in 2005, while the suits were instituted in 2013.
6. A plain reading of Section 8 indicates that a judicial authority can refer parties to arbitration only if all parties to the suit are signatories or parties to the arbitration agreement. In the present case, defendant Nos. 1 to 4 are neither parties nor signatories to the
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7. The Hon'ble Supreme Court in Board of Control for Cricket in India v. Kochi Cricket Private Limited and Ors. (2018) has clarified that the 2015 amendment to Section 8 of the Arbitration Act is prospective in nature. It applies only to arbitral and related court proceedings commenced on or after the amendment's enactment. Since the present suits were instituted in 2013, the amended provision is inapplicable.
8. In Sukanya Holdings (P) Ltd. v. Jayesh H. Pandya, (2003) 5 SCC 531, the Hon'ble Supreme Court ruled that there cannot be a bifurcation of causes of action when some parties are subject to an arbitration agreement, and others are not. The legislative intent does not permit splitting up the subject matter of a suit before a judicial authority, as this would lead to parallel proceedings and inconsistent findings.
9. Given that defendant Nos. 1 to 4 were not parties to the agreements of sale, and in light of the established legal principles, the Trial Court's referral of the entire dispute to arbitration is legally unsustainable. Such a referral would require bifurcation of the cause of action, which is impermissible under the Arbitration and Conciliation Act, 1996.
10. For the aforementioned reasons, the impugned orders of the Trial Court referring the parties to arbitration are set aside. The matter is remanded back to the Trial. All pending applications are disposed of accordingly.
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C/W CRP No. 415 of 2017
CRP No. 443 of 2017
AND 23 OTHERS
ORDER
i. Accordingly, petitions are allowed.
ii. The orders passed by the Senior Civil Judge, Devanahalli in OS
Nos.411/2013, 640/2013, 641/2013, 539/2013, 625/2013,
223/2011, 224/2011, 222/2011, 536/2013, 624/2013, 533/2013, 638/2013, 532/2014, 535/2013, 135/2014, 306/2014, 211/2014, 505/2013, 511/2014, 537/2013, 795/2013, 257/2014, 537/2013, 29/2014, 538/2013, 626/2013, dated 10.11.2005, 05.12.2005, 21.02.2006, 23.11.2005, 11.01.2006, 12.12.2005, 12.12.2005, 10.01.2006, 07.08.2006, 09.09.2006, 15.03.2006, 04.02.2006, 05.04.2006, 29.04.2006, 25.01.2006, 09.01.2006, 07.12.2005, 18.11.2005, 23.01.2006, 22.12.2005, 22.11.2005, 28.01.2008, 16.12.2005, 18.01.2006, 12.11.2005, 31.01.2018 are set aside.
iii. The matter is remanded to the trial Court to dispose of the suits on merits expeditiously within an outer limit of one year from the next date of hearing.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE TIN
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NC: 2024:KHC:33618 CRP No. 441 of 2017 C/W CRP No. 415 of 2017 CRP No. 443 of 2017 AND 23 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU [MR SANJAY AGARWAL AND ANOTHER VS.
MR MUNIANJINAPPA AND OTHERS] 05.12.2024 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER FOR BEING SPOKEN TO Learned counsel for the petitioner has moved this petition for 'Being Spoken To' contending that a typographical error has crept in the order dated 20.08.2024 passed in CRP.No.441/2017 with connected matters.
In the operative portion in the point (ii), the orders passed by the Senior Civil Judge, Devanahalli in O.S. Nos.533/2013, 532/2013, 537/2013 are wrongly typed instead of "O.S.Nos.533/2014, 532/2014, 573/2014" and O.S.No.442/2017 may be deleted as the O.S.number is unknown.
So also, the date of impugned order passed in O.S. numbers O.S.Nos.411/2013, 640/2013, 641/2013, 539/2013, 625/2013, 223/2011, 224/2011, 222/2011, 536/2013, 624/2013, 533/2014, 638/2013, 532/2014, 535/2013, 135/2014, 306/2014, 211/2014, 505/2013, 511/2014, 573/2014, 795/2013, 257/2014, 537/2013, 29/2014, 538/2013, 626/2013 are wrongly mentioned as "dated 10.11.2005, 05.12.2005, 21.02.2006, 23.11.2005, 11.01.2006, 12.12.2005, 12.12.2005, 12.12.2005, 10.01.2006, 07.08.2006,
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NC: 2024:KHC:33618 CRP No. 441 of 2017 C/W CRP No. 415 of 2017 CRP No. 443 of 2017 AND 23 OTHERS 09.09.2006, 15.03.2006, 04.02.2006, 05.04.2006, 29.04.2006, 25.01.2006, 09.01.2006, 07.12.2005, 18.11.2005, 23.01.2006, 22.12.2005, 22.11.2005, 28.01.2008, 16.12.2005, 18.01.2006, 12.11.2005, 31.01.2018" instead of "23.08.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.02.2017, 16.06.2017, 23.08.2017, 23.08.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 23.08.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017".
Memo is accepted.
In view of the above submission, necessary corrections be carried out in the operative portion point (ii) of the order by substituting the words "O.S.Nos.533/2014, 532/2014, 573/2014" in place of the words "O.S. Nos.533/2013, 532/2013, 537/2013" and "O.S.No.442/2017" may be deleted. The date of impugned order passed in O.S.Nos. 411/2013, 640/2013, 641/2013, 539/2013, 625/2013, 223/2011, 224/2011, 222/2011, 536/2013, 624/2013, 533/2014, 638/2013, 532/2014, 535/2013, 135/2014, 306/2014, 211/2014, 505/2013, 511/2014, 573/2014, 795/2013, 257/2014, 537/2013, 29/2014, 538/2013, 626/2013 may be shown as "23.08.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.02.2017, 16.06.2017, 23.08.2017, 23.08.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 23.08.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017, 16.06.2017" instead of "10.11.2005, 05.12.2005, 21.02.2006,
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NC: 2024:KHC:33618 CRP No. 441 of 2017 C/W CRP No. 415 of 2017 CRP No. 443 of 2017 AND 23 OTHERS 23.11.2005, 11.01.2006, 12.12.2005, 12.12.2005, 12.12.2005, 10.01.2006, 07.08.2006, 09.09.2006, 15.03.2006, 04.02.2006, 05.04.2006, 29.04.2006, 25.01.2006, 09.01.2006, 07.12.2005, 18.11.2005, 23.01.2006, 22.12.2005, 22.11.2005, 28.01.2008, 16.12.2005, 18.01.2006, 12.11.2005, 31.01.2018."
This order shall be read in conjunction with the order dated 20.08.2024 passed in CRP.No.441/2017 with connected matters.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 19