Karnataka High Court
Matrix Partners India Investment ... vs Ashok Chattaraj on 25 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC:12691
AP.EFA No. 1 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ARBITRATION PETITION (ENFORCEMENT OF FOREIGN
ARBITRAL AWARD) NO. 1 OF 2024
BETWEEN:
1. MATRIX PARTNERS INDIA INVESTMENT
HOLDINGS, LLC
A COMPANY REGISTERED UNDER
THE LAWS OF MAURITIUS AND
HAVING ITS REGISTERED OFFICE AT
SUITE NO 7070, 7TH FLOOR,
HENNESSY COURT,
POPE HENNESSY STREET,
PORT LOUIS, PORT LOUIS,
MAURITIUS.
REPRESENTED BY ITS
SPA HOLDER
Digitally signed MR.ROHAN DIXIT.
by SHWETHA
RAGHAVENDRA
Location: HIGH 2. MATRIX PARTNERS INDIA INVESTMENTS, LLC
COURT OF A COMPANY REGISTERED UNDER
KARNATAKA
THE LAWS OF MAURITIUS AND
HAVING ITS REGISTERED OFFICE AT
SUITE NO.7070, 7TH FLOOR,
HENNESSY COURT,
POPE HENNESSY STREET,
PORT LOUIS, PORT LOUIS,
MAURITIUS.
-2-
NC: 2025:KHC:12691
AP.EFA No. 1 of 2024
REPRESENTED BY ITS
SPA HOLDER
MR.ROHAN DIXIT.
...PETITIONERS
(BY SMT. LAVANYA B ANANTH, ADVOCATE FOR
SRI.MOHAMMED SHAMEER NITESH JAIN, ADVOCATE)
AND:
1. ASHOK CHATTARAJ,
HAVING ADDRESS AT 1003,
SOBHA ASTER,
BILCKAHALLI, BANNERGHATTA ROAD,
BANGALORE - 560 076
DICKENSON.
2. DR. RAJNI CHATTARAJ,
HAVING ADDRESS AT 604,
OCTAVIUS,
HIRANANDANI GARDENS, POWAI,
MUMBAI - 400 076.
3. SIESTA HOSPITALITY SERVICES LIMITED,
A PUBLIC COMPANY INCORPORATED
UNDER THE COMPANIES ACT 1956,
AND HAVING ITS EARLIER
REGISTERED OFFICE AT 17/7,
ALI ASKER ROAD, OFF CUNNINGHAM ROAD,
BENGALURU, KARNATAKA - 560 052
AND NEW REGISTERED OFFICE
AT S-621, 6TH FLOOR,
SOUTH BLOCK 47, DICKENSON ROAD,
BANGALORE - 560 042.
...RESPONDENTS
-3-
NC: 2025:KHC:12691
AP.EFA No. 1 of 2024
THIS AP-EFA IS FILED UNDER ORDER XXI RULE 11(2),
43, 54, 64 AND SECTION 60 READ WITH SECTION 51 OF THE
CPC, 1908 AND SECTION 36 OF THE ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO GRANT THE
FOLLOWING RELIEFS AS PER THE INTERIM AWARD DATED
24 APRIL 2023 PASSED BY THE LEARNED SOLE ARBITRATOR,
JUSTICE SHRI S.C.GUPTE (RETD.) IN THE MATTER TITLED
MATRIX PARTNERS INDIA INVESTMENT HOLDINGS LLC AND
ANR. V. ASHOK CHATTARAJ AND OTHERS 1. ISSUE WARRANT
OF ATTACHMENT AND CONSEQUENTLY ISSUE A WARRANT FOR
SALE FOR ATTACHING AND SELLING THE RIGHT, TITLE, AND
INTEREST OF RESPONDENT NO.3 IN ITS IMMOVABLE
PROPERTIES MENTIONED IN SCHEDULE B AND OTHER
IMMOVABLE PROPERTIES THAT MAY BE DISCLOSED BY
RESPONDENT NOS.2 AND 3, TO THE EXTENT OF AMOUNT
SPECIFIED IN SCHEDULE A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
-4-
NC: 2025:KHC:12691
AP.EFA No. 1 of 2024
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs:
(i) Issue Warrant of Attachment and consequently issue a Warrant for Sale for attaching and selling the right, title, and interest Respondent no. 3 in its immovable properties mentioned in Schedule B and other immovable properties that may be disclosed by Respondent Nos. 2 and 3, to the extent of amount specified in Schedule A.
(ii) Direct Respondent No. 3 to deposit the proceeds received from sale of all properties including as mentioned in Schedule B with the Hon'ble Court, to the extent of amount specified in Schedule A.
(iii) Issue an order prohibiting Respondent No. 3 from transferring or charging the immovable properties mentioned in Schedule B and other immovable properties that may be disclosed by Respondent Nos. 2 and 3.
(iv) Issue Warrant of Attachment against Respondent Nos. 2 and 3 above named for attaching the movable properties owned by the Respondent Nos. 2 and 3, including bank accounts and other movable properties more particularly described in the Schedule C hereunder and other movable properties disclosed by Respondent Nos. 2 and 3 and appoint a fit and proper person and authorise such person to appropriate the monies contained therein to the extent of amount specified in Schedule A by transfer of funds to a designated bank account in a Nationalized Bank or to be utilized as margin money for -5- NC: 2025:KHC:12691 AP.EFA No. 1 of 2024 procuring a bank guarantee from a Nationalized Bank for satisfaction of the reliefs mentioned herein.
(v) Freezing all the bank accounts and fixed deposits held by Respondent Nos. 2 and 3 as set out in Schedule C for satisfaction of the reliefs granted in favour of Petitioner No.1under the Interim Award.
(vi) Appoint a receiver to take possession and control of all immovable and movable properties, present and future (including general fees, income, rent, revenues, interest, other income, receivables, lease rent, profits etc.), of Respondent Nos. 2 and 3 including the properties mentioned in Schedule B and C which have remained unsold and other properties disclosed by Respondent Nos. 2 and 3, under the CPC with all the powers to take control of the said properties including the power to take possession thereof and if required, to take forcible possession of the said properties from any of Respondent Nos. 2 and 3 by breaking open the locks, taking physical possession/occupation and if necessary with the help of the police, to take inventory thereof and to sell the same by public auction or by private treaty and the net sale proceeds thereof by order to be utilized for the satisfaction of the reliefs sought by Petitioner No.1 as per the provisions of the CPC.
(vii) Pass an order of injunction restraining Respondent Nos. 2 and 3 from, in any manner dealing with, and/or encumbering and/or disposing off, dissipating, and/or creating third-party rights and/or alienating any of the properties or assets belonging to Respondent Nos. 2 and 3, including the properties mentioned in Schedule B and C and any other -6- NC: 2025:KHC:12691 AP.EFA No. 1 of 2024 properties that may be disclosed Respondent Nos. 2 and 3.
(viii) Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, interest of justice and equity.
2. Memo dated 24.03.2025 has been filed by the counsel for the petitioners, which reads as under:
The undersigned counsel for the Petitioner is instructed to most respectfully submit as follows:
1. The captioned execution petition has been filed seeking the enforcement and execution of the interim award dated 24 April 2023 passed by the Learned Sole Arbitrator, Justice S.C. Gupte in the matter titled Matrix Partners India Investment Holdings LLC & Anr. v. Ashok Chattaraj & Ors, against the Respondents herein.
2. The Petitioners are no longer desirous of prosecuting the captioned execution petition and have instructed the undersigned counsel for the Petitioners to seek liberty to withdraw the Petition.
3. Hence, the Petitioners herein pray that the instant Petition be dismissed as withdrawn.
WHEREFORE, it is most respectfully prayed that this Hon'ble Court be pleased to take the instant memo on record and dismiss the -7- NC: 2025:KHC:12691 AP.EFA No. 1 of 2024 Petition as withdrawn in the interest of justice and equity."
4. Accepting the said memo and submission of the learned counsel for the petitioners, petition stands dismissed as withdrawn.
5. Consequently, pending I.As if any, stand disposed of.
SD/-
(SURAJ GOVINDARAJ) JUDGE SMJ List No.: 2 Sl No.: 1