Mrs Roopa Narendra vs Rajesh Exports Limited on 20 July, 2017

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Karnataka High Court

Mrs Roopa Narendra vs Rajesh Exports Limited on 20 July, 2017

Author: B.Veerappa

Bench: B Veerappa

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 20TH DAY OF JULY, 2017

                          BEFORE

           THE HON'BLE MR. JUSTICE B VEERAPPA

                  MFA NO.1147/2017(CPC)

BETWEEN:

1.   MRS ROOPA NARENDRA
     W/O MR M P NARENDRA
     AGED ABOUT 53 YEARS
     RESIDING AT PUSHPARANG
     3RD FLOOR, NO 14
     CORNWELL CROSS
     ROAD LANGFORD GARDENS
     BANGALORE - 560025

2.   MS SHOBHA RATHNAM
     D/O LATE MR K R V RATHNAM
     AGED ABOUT 62 YEARS
     SENIOR CITIZEN
     RESIDING AT NO 87
     BELWOOD DRIVE NEW HYDE PARK
     NEW YORK 11940
     UNITED STATES OF AMERICA
     REPRESENTED BY HER GPA HOLDER
     MRS ROOPA NARENDRA

3.   MRS SARASWATHI RATHNAM
     W/O LATE MR K R V RATHNAM
     AGED ABOUT YEARS
     SENIOR CITZEN
     R/AT PUSHPARANG
     3RD FLOOR, NO.14
     CORNWELL CROSS ROAD
                            2



       LANGFORD GARDENS
       BENGALURU-560025
                                          ... APPELLANTS

(BY SRI:SURYANARAYANA T, ADV)


AND:

1.     RAJESH EXPORTS LIMITED
       NO.4, BATAVIA CHAMBERS
       KUMARA KRUPA ROAD
       KUMARA KRUPA EAST
       BANGALORE-560001
       REPRESNTED BY ITS AUTHORISED
       REPRESENTATIVE

2.     MR K V KISHORE
       AGED ABOUT 67 YEARS
       SENIOR CITIZEN
       NO.10/5, KASTURBA ROAD
       6TH FLOOR, BANGALORE-560001

3.     MRS SHANTI KISHORE
       AGED ABOUT 61 YEARS
       SENIOR CITIZEN
       NO.10/5, KASTURBA ROAD
       6TH FLOOR, BANGALORE-560001
                                      ... RESPONDENTS

     THIS MFA IS FILED UNDER SECTION 37(1)(a) OF THE
ARBITRATION AND CONCILIATION ACT, 1996, READ WITH
SECTION 5 OF THE KARNATAKA HIGH COURT ACT, 1961
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
10.12.2015 (ANNEXURE-F) PASSED BY THE LEARNED PRINCIPAL
CITY CIVIL AND SESSIONS JUDGE (CCH-1) BANGALORE, IN
MISC.PETITION NO.274/2015 ALLOWING THE SAID PETITION
FILED BY THE RESPONDENT NO.1 UNDER ORDER IX RULE 4 AND
9 READ WITH SECTION 151 OF CPC.
                                  3



    THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Learned Counsel for the appellants has filed a memo seeking permission to convert this appeal into writ petition by filing proper pleadings.

2. The memo is placed on record.

3. The learned Counsel for the appellants is permitted to convert this appeal into writ petition after complying with all the necessary formalities under the requisite provisions.

This appeal is disposed of for statistical purpose. Office is directed to return the certified copy of the impugned order to the learned Counsel for the appellants, forthwith.

Sd/-

JUDGE *bgn/-

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