Karnataka High Court
Sangeeth Enterprises vs B S Shankar S/O Late A. Sanjeevaiah ... on 24 August, 2009
Author: N.Ananda
Bench: N.Ananda
we Prt Lid Wr VANRIALARA MESH COURT OF KARNATAKA HGH C SM Gel _\.. BASAVANAGUDI Bo IN THE HIGH COURT OF KARNATAKA AT BAN GALORE DATED THIS THE 247 DAY OF AUGUST 2009. ~ BEFORE THE HON'BLE MR.JUSTICE NANANDA C.R.P.NO.185 OF 2009 lL. SANGEETH ENTERPRISES - _-- (A REGISTERED PARTNERSHIP) _ FIRM, REPRESENTED BY ITS MANAGING PARTNER... Sri K.N. NAVANEETH GUPTA, NO.26/ 1, SESHADRI ROAD, -- BANGALORE - - S60: O05. oo 2. Sri KN. NAVANBE' rH GUPTA, 8/0 LATE KB. NARASIMHAIAH SETTY, NC. 250, 1iTh MAIN 2S STAGE, INGIRANAGAR, BANGALORE - ~ SOO O28, PETITIONERS --_ (By. Sis + Nanjunda Swany, Adv.) . aD _ 1. Sri B.S. SHANKAR $/O LATE A.SANJEE NO.6; SWARNA | KRISHNA ROAD LH SETTY, BANGALORE = 360 004. Sri K.N. RAMNATH S/O LATE K.B. NARASIMHZ SETTY, 7™ CROSSS, 77: JAYANAGAR 20" BLOCK, BANGALORE ~ 560 O11. 3, KUREKAJE RAMAKRISHNA BHAT, ARBITRATOR, F113, 478 FLOOR, 4C, CENTRAL CHAMBERS, GANDHINAGAR, eee BANGALORE = 560 009. . RESPONDENTS --
(By Gri Vishnu Hegde, Adv.) _ THIS CRP FILED U/S 115 OF CPC, AGAINST THE. ORDER DATED 06.07.2009 PASSED IN A.G.NO.9/ 2009 ©. ON THE FILE OF THE Vi ADDITIONAL. CITY CIVIL JUDGE, BANGALORE CYIrryu, DISMISSING THE PLAINTIFP FILED wa a ST. OF "ARBITRATION ANTS CONCILIATION ACT. . > -
THIS CRP COMING. a OR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
Petition ore 4. and 2 aa end réeaperenta | and 2 ere the partners of M/s. Sarigecth Enterprises. The dispute
---- belween the periios i@ pending before the Arbitrator TREE RENAE HEELS OLE UT PETA PI CWE UY RI ARS HSH COUET OF KARNATAKA HIGH C oe ua NRE A OR HET S narnely, the third respornient Sri Kukka; Bhat, a retired District Judge. In order to ascertain Lp aS aimmant, the Arbitrator had felt it " necesaary to ascertain profit and loss accounts as alao a total assets and babilties of the firm. For the said io owe a purpose, the Arbitrator has decided to appoint a Chartered Accountant to be named by
5. 7 Aggrieved by the aaid order, the petitioner was before : : - | the District Court by filing an application uf Se. 34 and os 37 of the Arbitration and Condition Act. the learned : 'District Judge has dismissed the application, 'Therefore, -- 7 the petitioners are before this Court u/9.118 CPC. | hE REY Ta a eS AE ENE ILENE LEE RE ET TT MN Hon COURT OF KARNATAKA HIGH C The learned Senior Counsel would submit that the Chartered Accountant is being appointed to aldit the accounts of the firm beyond the date of disso lrtion.
If the Arbitrator/Chartered Accountant were.te.a0 beyorcd the terms of reference, petitioners are at liberty - to raise such contention before the Arbitrator. | 5S. Even if the contention of petitioners had been accepted by ths | learned City Civil Tudge, that would not have resulted in finel disposal of proceedings before the Arbitrator. in view of the proviso to Section 115 CPC, the petitioners carol mutintein this petition, . & For these reasons, the petition is dismissed at the stage of admission.
Sd/-
JUDGE THe .