Hdfc Bank Limited vs Sunrise Sales Corporation on 10 December, 2021

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Karnataka High Court

Hdfc Bank Limited vs Sunrise Sales Corporation on 10 December, 2021

Bench: Krishna S.Dixit

                            1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 10TH DAY OF DECEMBER, 2021

                         BEFORE

         THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

          WRIT PETITION NO.4585 OF 2021 (GM-RES)

BETWEEN:
HDFC BANK LIMITED
HAVING ITS REGISTERED OFFICE AT
HDFC BANK HOUSE
SENAPATI BAPAT MARG
LOWER PAREL (WEST)
MUMBAI-400013

AND ITS BRANCH OFFICE AT
HDFC BANK LTD., NO.1049/03,
THIPPASANDRA
BANGALORE-560 075
REPRESENTED BY SREENIDHI.S
MANAGER, HDFC BANK
                                            ...PETITIONER
(BY SRI. THIRUVENGADAM B.C, ADVOCATE)

AND:

1.     SUNRISE SALES CORPORATION
       (A PARTNERSHIP FIRM REGISTERED UNDER THE
       INDIAN PARTNERSHIP ACT, 1932)
       HAVING ITS REGISTERED OFFICE AT
       NO.23, 1ST MAIN, INDUSTRIAL TOWN
       RAJAJINAGAR,
       BANGALORE-560 010

2.     JUSTICE V. JAGANNATHAN (RETD)
       LEARNED ARBITRATOR
       ARBITRATION AND CONCILIATION CENTRE
       KARNATAKA (DOMESTIC & INTERNATIONAL)
       KHANIJA BHAWAN 49, 3RD FLOOR
       EAST WING, RACE COURSE ROAD
       BENGALURU-560 001
                                         ...RESPONDENTS
                                  2


(BY SRI.SANKET M. YENAGI, ADV FOR R1
    SM.ANUPAMA HEBBAR, ADV FOR C/R1)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
OF CERTIORARI AND PROHIBITION QUASHING THE IMPUGNED
ORDER DATED 14/08/2020 IN AS NO.132/2017 AT ANNEXURE-
A PASSED BY THE HON'BLE XXVII ADDITIONAL CITY CIVIL
COURT, BANGALORE AS ILLEGAL AS IT IS WHOLLY WHITHOUT
JURISDICTION IN THE INTEREST OF JUSTICE AND EQUITY;
WRIT OF CERTIORARI QUASHING THE ORDER DATED
25.09.2019 OF THE HON'BLE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE IN THE ORDER SHEET OF AS NUMBER
132/17 AT ANNEXURE-B (PAGE NO.5); DIRECT THE HON'BLE
JUDGE OF THE XXVII ADDITIONAL CITY CIVIL COURT TO
TRANSFER THE CASE TO THE APPROPRIATE COMMERCIAL
COURTS PERMITTING THE PETITIONER TO RAISE ALL
CONTENTIONS, INCLUDING THAT OF LIMITATION, IN THE
INTEREST OF JUSTICE AND ETC.

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

                              ORDER

The petitioner seeks to lay a challenge to the order dated 14.08.2020 entered in AS No.132/2017 made by the learned XXVII Addl.City Civil and Sessions Judge, Bengaluru on the ground that the same was made without giving an opportunity of hearing to him.

2. 1st respondent has entered appearance through its counsel; notice to 2nd respondent is dispensed with, he being the learned Arbitrator; learned Counsel appearing for respondent opposes the petition contending the grounds which the petitioner has taken for seeking relief in the 3 petition can be urged before the learned trial Judge himself and the recall of the impugned order can be also sought. He further submits that by this course of action, no prejudice shall be caused to any of the parties.

3. There is force in the submission of respondents in as much as the petitioner has apparently an alternate remedy viz., moving the same Court which passed the impugned order for relief of the kind, on the grounds urged herein; no special circumstances are pointed out for the invocation of extraordinary constitutional remedy u/a 227.

In the above circumstances, this writ petition is disposed off reserving liberty to the petitioner to move the appropriate Court, within a period of four weeks; all contentions are kept open for being urged before the court below.

Costs made easy.

Sd/-

JUDGE RR

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Karnataka High Court