Sobha Garrison Apartment Owners ... vs M/S Garrison Royal Housing Pvt Ltd on 15 January, 2021

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Karnataka High Court

Sobha Garrison Apartment Owners ... vs M/S Garrison Royal Housing Pvt Ltd on 15 January, 2021

Bench: B. Veerappa

                               1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF JANUARY, 2021

                         BEFORE

         THE HON' BLE MR. JUSTICE B. VEERAPPA

            REVIEW PETITION No.50/2020
                           IN
                    CMP No.125/2019
BETWEEN:

1.   SOBHA GARRISON APARTMENT
     OWNERS ASSOCIATION,
     SOBHA GARRISON,
     SOBHA COMPLEX, NAGASANDRA,
     BENGALURU-560073.
     REP. BY ITS PRESIDENT,
     AIR COMMODORE SATISH CHOWDHARY (RETD)

2.   COL. T. J.DAVIES (RETD)
     FLAT NO.1056,
     SOBHA GARRISON,
     SOBHA COMPLEX, NAGASANDRA,
     BENGALURU-560073.

3.   MRS. NEENA GAUR
     FLAT NO.2054,
     SOBHA GARRISON,
     SOBHA COMPLEX, NAGASANDRA,
     BENGALURU-560073.

4.   CAPT. M.M.HUNUR (RETD),
     FLAT NO.2118,
     SOBHA GARRISON,
                             2

     SOBHA COMPLEX, NAGASANDRA,
     BENGALURU-560073.

5.   LT. COL. STANLEY FRANCIS (RETD)
     FLAT NO.1051,
     SOBHA GARRISON,
     SOBHA COMPLEX, NAGASANDRA,
     BENGALURU-560073.

6.   LT. COL. OMPRAKASH (RETD)
     FLAT NO.2063,
     SOBHA GARRISON,
     SOBHA COMPLEX, NAGASANDRA,
     BENGALURU-560073.
                                             ...PETITIONERS

(BY SRI RAVIKUMAR M. C., ADVOCATE)

AND:

1.   M/S GARRISON ROYAL HOUSING PVT. LTD.,
     A COMPANY REGISTERED UNDER
     THE PROVISIONS OF THE
     COMPANIES ACT, 1956,
     NO.8 H.NO.33, SUBADHRA APARTMETNS,
     60 FEET ROAD, KEB LAYOUT,
     SANJAYNAGAR, BANGALORE-560094.
     REPRESENTED BY ITS
     AUTHORISED SIGNATORY
     MR.GP CAPT. K.S.ROY(RETD)

2.   COL. PRASHANTH JHA (RETD)
     EX-PRESIDENT,
     FLAT NO.1016,
     SOBHA GARRISON,
     SOBHA COMPLEX, NAGASANDRA,
     BENGALURU-560073.
                                 3

3.   WING CDR. K.M.ARJUN (RETD)
     EX-SECRETARY,
     FLAT NO.1098,
     SOBHA GARRISON,
     SOBHA COMPLEX, NAGASANDRA,
     BENGALURU-560073.

4.   MR. ASHISH DANDONA,
     EX-TREASURER,
     H-1583, SECOND FLOOR,
     C. R. PARK, NEW DEL6HI-110019.
                                                 ...RESPONDENTS

(BY SRI UNNIKRISHNAN, M., ADVOCATE FOR R1;
R2 TO R4 ARE SERVED BUT UNREPRESENTED)

                           ****
     THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ
WITH ORDER XLVII RULE 1 OF CODE OF CIVIL PROCEDURE,
PRAYING TO REVIEW THE ORDER DATED 06.12.2019 PASSED BY
THIS COURT IN CMP No.125/2019 AS PER ANNEXURE-A AND
DISMISS THE CMP No.125/2019.

     THIS REVIEW PETITION COMING ON               FOR   ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:


                             ORDER

This Court, by the Order dated 06.12.2019 made in CMP NO.125/2019, appointed Sri Vishwanath V. Angadi, retired District Judge as sole arbitrator to adjudicate the dispute between the parties in terms of clause 15.16 of the Services Agreement dated 12.12.2015 entered into between the parties. 4

2. The present Review Petition is filed mainly on the ground that while disposing off the CMP No.125/2019, all the contentions were not kept open to be urged before the Arbitrator. Therefore, to that extent, learned counsel sought to allow the Review Petition.

3. After hearing the learned counsel for the parties, no grounds are made out to interfere with the Order passed by this Court. However, it is needless to observe that all the grounds urged in the Civil Miscellaneous Petition by the respondents/present review petitioners are kept open to be urged before the Arbitrator and the Arbitrator shall consider the same and pass appropriate award after giving sufficient opportunity to both the parties.

Accordingly, the Review Petition is disposed off.

Sd/-

JUDGE kcm

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