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Karnataka High Court

M/S Balaji Produce Company vs M/S Fiza Developers And Inter Trade Pvt ... on 21 June, 2013

Author: N.Kumar

Bench: N.Kumar

                          1



     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 21ST DAY OF JUNE 2013

                      PRESENT:

          THE HON'BLE MR.JUSTICE N.KUMAR

                        AND

      THE HON'BLE MR.JUSTICE V.SURI APPA RAO

               M.F.A.No.10777/2010 (AA)

BETWEEN:

1.     M/s. BALAJI PRODUCE COMPANY,
       A PARTNERSHIP REGISTERED UNDER
       THE INDIAN PARTNERSHIP ACT, 1932
       AND HAVING ITS REGISTERED OFFICE
       AT 'YADUGIRI' K-10, 30A/80,
       C.P.RAMASWAMY ROAD,
       CHENNAI - 600 018.
       REPRESENTED BY ITS PARTNERS
       Mr.RAVINDRA KUMAR BHUWALKA.

2.     Smt LALITA BHUWALKA,
       W/O RAVINDRA KUMAR BHUWALKA,
       'YADUGIRI' K-10, 30A,
       C.P.RAMASWAMY ROAD,
       CHENNAI - 600 018.

3.     SHRI RAVINDRA KUMAR BHUWALKA,
       S/O LATE INDRA KUMAR BHUWALKA,
       AGED ABOUT 65 YEARS,
       'YADUGIRI' K-10, 30A,
       C.P.RAMASWAMY ROAD,
       CHENNAI - 600 018.
                          2



4.     SHRI ABHISHEK BHUWALKA,
       S/O RAVINDRA KUMAR BHUWALKA,
       'YADUGIRI' K-10, 30A,
       C.P.RAMASWAMY ROAD,
       CHENNAI - 600 018.

5.     SHRI C.GANGADHARA MURTHY,
       S/O LATE CHENNIGAPPA,
       AGED ABOUT 45 YEARS,
       No.322, 3RD A CROSS, 2ND BLOCK,
       3RD STAGE, BASAVESHWARANAGARA,
       BANGALORE - 560 079.
                                       ...APPELLANTS

(By Sri G.KRISHNA MURTHY, Adv.)

AND:

M/s. FIZA DEVELOPERS AND
INTER TRADE PRIVATE LIMITED,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956 AND HAVING
ITS REGISTERED OFFICE AT
No.25/1, RESIDENCY ROAD,
BANGALORE - 560 025,
REPRESENTED BY ITS MANAGING DIRECTOR,
Mr.B.M.FAROOKH.
                                 ...RESPONDENT


     THIS MFA IS FILED UNDER SECTION 37(1)(a) OF
THE ARBITRATION AND CONCILIATION ACT, AGAINST
THE ORDER DATED 25.11.2010 PASSED IN A.A.18/2010
ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE,
TUMKUR, ALLOWING THE APPLICATION FILED UNDER
SECTION 9 OF THE ARBITRATION AND CONCILIATION
ACT.
                             3



    THIS MFA COMING ON FOR ORDERS, THIS DAY,
N.KUMAR, J., DELIVERED THE FOLLOWING:


                   JUDGMENT

A memo is filed by the learned counsel for the appellants seeking leave of this Court to withdraw this appeal as having become infructuous.

2. Leave granted. Memo is placed on record. Accordingly, appeal is dismissed as having become infructuous.

Sd/-

JUDGE Sd/-

JUDGE dh*