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[Cites 8, Cited by 0]

Bangalore District Court

M/S Anu Builders & Developers vs M/S Vasathi Housing & Infra Pvt.Ltd on 7 September, 2018

 IN THE COURT OF THE XXXVIII ADDITIONAL CITY
        CIVIL JUDGE AT BENGALURU CITY

      Dated this the 28th Day of August 2018

                     Present
    Sri Devanand Puttappa Nayak           B.A., LL.B.,(Spl.)
      XXXVIII Additional City Civil & Judge,Bangalore City.

                   A.A.NO.271/2018
Applicants:

       1. M/s Anu Builders & Developers
          represented by its Managing Partner
          Mr.M.Venkataram, S/o K.Muniyappa,
          aged about 48 years, No.83/1, Mallappa
          Layout, Babusapalya Post, Kalyannagar,
          Bengaluru-560 043

       2. M.Venkatram Mr.M.Venkataram,                         S/o
          K.Muniyappa, aged about 48 years

       3. Ashok Kumar, S/o              Narayanaswamy,
          aged about 30 years

       4. M.Mylari S/o K.Muniyappa, aged about
          44 years

           All are residing at No.83/1, Mallappa
           Layout, Babusapalya Post, Kayannagar,
           Bengaluru-560 043

                     [by advocate Sri G.S.Ravishankar]

                     V/s

Respondent:

     M/s Vasathi Housing & Infra Pvt.Ltd., a
     Company incorporated under the Companies
                            2         A.A.No.271/2018

     Act, 1956, having its registered office at No.6-3-
     852/2, 204, Vishwa Central, Near Lal Bunlow,
     Ameerpet, Hyderabad-560 082 and also branch
     office    at     Sy.No.84/1,       No.37/1-84/1,
     Rachenahalli, K.R.Puram Hobli, Bengaluru East
     Taluk, Bengaluru-560 045 represented by Chief
     Operating Officer Sri Ravindrakumar.

                      [by advocate Sri K.S.Devraj]

                ORDER ON I.A.NO.1
Applicants:

     M/s Anu Builders & Developers & others

              V/s
Opponent/Respondent:

     M/s Vasathi Housing & Infra Pvt.Ltd.,

                        *******
     This is an Arbitration Application filed by the

Applicants against the Respondent u/S 9(II)(C)(D) &

(E) of the Arbitration & Conciliation Act,1996.

     2.   Along with the petition,      the Applicants

also filed I.A.No.1 u/S 9 of the Arbitration Act r/w

Rules 9 & 10 of the High Court of Karnataka

Arbitration(Proceedings before the Courts) Rules,

requesting the Court to pass an order of temporary

injunction restraining the Respondents, their agents,

men or anybody under or through them from
                                3          A.A.No.271/2018

alienating/encumbering/selling any apartments in

the schedule property fallen to the share of the

Applicants      as     per   the    Allocation     Agreement

dt.16.5.2013 to any third party, pending disposal of

the petition, in the interest of justice and equity.

       3.     In support of the application, the Managing

Director of the 1st Applicant and 2nd Applicant filed

his sworn affidavit for himself and on behalf of other

Applicants stating that the Applicants have entered

into the Joint Development Agreement dt.6.8.2010

with    the    Respondent     and the     Respondent       was

permitted to develop land measuring 3 acres 12

guntas bearing Municipal Corporation No. 37/1/84/1

and 2165/84/1 carved out of converted land in

Sy.No.84/1,       situated    at    Rachenahalli       village,

K.R.Puram       Hobli,    Bengaluru      East    Taluk.    The

Respondent was permitted to construct apartments

over the schedule property in accordance with the

terms of Joint Development Agreement and the

Respondent       was     required   to   take    licence   and

permission from the competent authority              and was
                            4            A.A.No.271/2018

supposed to deliver the constructed area pertaining to

the share of the Applicants within thirty months from

the date of commencement of the construction. But

there was delay by the Respondent in securing the

sanctioned plan.

     It is further submitted in the sworn affidavit that

despite the delay made         by the Respondent, a

Supplementary-cum-allocation           agreement       was

entered between Applicants and Respondent and a

further period of 30 months was given to the

Respondent to complete the construction, but subject

to Clause 9 and 17 of the Joint Development

Agreement   dt.6.8.2010.   But    in    spite   of   giving

extension of time to complete the construction of the

apartment and despite the fact that as per clause 17

of the Joint Development Agreement the Applicants

are entitled to take over construction work upon

failure of Respondent to do so and despite repeated

demands in this regard, the Respondent failed to

complete the construction work. To cover up the delay

and latches on his part, the Respondent issued a
                                 5           A.A.No.271/2018

letter dt.7.11.2017 and a legal notice dt.8.12.2017

making     frivolous        allegations     and    demanding

appointment of Arbitrator. The said legal notice was

suitably   replied     by    the    Applicants.   Hence      the

Respondent filed CMP No.54/2018 which is pending

for   consideration     and     the   Arbitral    Tribunal    is

constituted. Thereafter the Respondent hastily has

been going on with the completion of the apartments

fallen to his share and making attempt to alienate

those apartments. Having realized the real intention

of the Respondent, the Applicants caused legal notice

dt.20.6.2018 to the Respondent demanding to cease

executing any Sale Deed in respect of apartments

fallen to his share in the schedule property and

demanded the Respondent to complete construction

of the apartments fallen to the share of Applicants. In

para 7 of the Notice dt.20.6.2018 the Applicants

expressed their willingness to reserve five apartments

bearing    Nos.C-305,       C-1401,       C-606   and   C-102

towards any liability that may arise on their account

and for settlement of the claims. But despite receiving
                                 6            A.A.No.271/2018

the said Notice, the Respondent has not completed

the construction and apart from that used shady

material for construction. At present the Respondent

is on the verge of selling the apartments fallen to their

share.      Hence    the    Applicants       have     filed    this

application for grant of ad interim relief, as prayed

for.

       3.    The Respondent has filed objection to the

main petition and also Memo to consider the same as

objection to I.A.No.1. In the objection at para 31 it is

contended by the Respondent that the Respondent

was to deliver the owner's constructed area within 30

months       from    the   date     of   commencement            of

construction with a grace period of six months and

also with the mutual understanding between the

parties to the said Joint Development Agreement, the

said period could be extended as property the

prevailing    conditions.     Clause        17   of   the     Joint

Development         Agreement       deals    with     delay      in

compensation of the project. In terms of clause 4(e) of

the Joint Development Agreement, the Applicants had
                                 7             A.A.No.271/2018

given consent for amalgamation of Schedule A & B

properties.    As      per   Clause       4(e)    of    the   Joint

Development      Agreement,         the    owners        have    no

objection if the builder wishes to develop the adjacent

property      under     a    separate     Joint        Development

Agreement with its owners and common sanction

plan from the concerned authorities may also be

obtained and a common structure can be erected by

the builder without affecting the shares of the owners

herein. The owners do not have any objections to the

builder amalgamating the schedule property with

adjoining             land          bearing              Municipal

No.2164/84/1(portion of and bearing Sy.No.84/1), for

the purpose of development and construction of the

apartment complex.

     In terms of clause 4(e) of the Joint Development

Agreement, the Respondent had entered into Joint

Development           Agreement           dt.6.8.2010           with

Mr.A.T.Babu Rao and Mr.A.T.Shankar Rao with

respect of Schedule A property. But said Mr.A.T.Babu

Rao and Mr.A.T.Shankar Rao, on 24.12.2011, revoked
                               8               A.A.No.271/2018

the General Power of Attorney dt.6.8.2010 and

informed the same to the Respondent through legal

notice. Hence the Respondent initiated Arbitration

proceedings to cancel the Deed of Revocation of Power

of Attorney. Due to revocation of General Power of

Attorney and arbitration proceedings the construction

work was delayed. Apart from this the Applicants

intentionally suppressed the fact that there was an

alleged Agreement of Sale executed in favour of one

Mr.Ramachandra       Shetty       by    the    vendor   of    the

Applicants. The Respondent spent huge amount of

time defending the suit filed by said Mr.Ramachandra

Shetty and the same is pending adjudication.

       It is further contended by the Respondent that

in respect of schedule 'B' property, the daughter of

one    Mr.Chinnathayappa          who    is    the   vendor    of

Applicants had filed a suit for partition and the same

is pending for adjudication. In view of pendency of

aforesaid   litigations,   the    Respondent         could    not

achieve the target in relation to the flats construction

upon     schedule     C    property.          The    Applicants
                               9              A.A.No.271/2018

Mr.A.T.Babu Rao and Mr.A.T.Shankar Rao are solely

responsible for the delay in completing the apartment

complex.

     It is further contended by the Respondent that

despite    pendency     of   the    above      litigations,   the

Respondent       completed    the        construction   of    the

apartment complex. Further it is contended that in

terms     of   clause   13   of    the    Joint   Development

Agreement dt.6.8.2010 the Respondent has paid a

sum of Rs.2,60,00,000/- to the Applicants and the

same shall be refunded by the Applicants in the

following manner:-

          1. 50% shall be refunded to the Respondent
             upon completion of all slabs.

          2. 30% shall be refunded to the Respondent
             upon completion of all brick work, external
             and internal plastering work;

          3. 20% shall be refunded to the Respondent
             upon completion of painting.

But the Applicants did not return the said amount.

Therefore the Respondent sent a letter dt.8.11.2017

demanding the Applicants to refund the refundable

security deposit and other deposits, to which the
                            10        A.A.No.271/2018

Applicants sent a frivolous reply illegally withholding

the refundable security deposit of Rs.2,60,00,000/-.

     Further it is also contended by the Respondent

that the Respondent,on the request of the Applicants,

had also paid a sum of Rs.2,94,46,985/- to the

Applicants towards advance sale consideration in

respect of the flats fallen to the share of the

Applicants. But the Applicants did not execute

necessary documents to convey the flats for the value

of advance amount paid to them. As such, the

Applicants are also liable to refund the said advance

amount of Rs.2,94,46,985/- with interest from the

date of payment till realization.

     At para 32 of the objection, the Respondent

contended that the service tax department had issued

a notice dt.19.4.2016 to the Respondent to pay a sum

of Rs.3,76,31,415/- towards service tax with respect

to the flats that have fallen to the share of Applicants

and the same has been communicated to the

Applicants. Despite receipt of the information, the
                           11         A.A.No.271/2018

Applicants have not paid the said service tax and also

not responded to the said notice.

     At para 33 of the objection, the Respondent

denied the allegation made in the petition that the

Respondent      has    completely     neglected        the

construction and completion of the apartments fallen

to the share of Applicants. Further it is submitted by

the Respondent that the construction with regards to

apartments situated at A & B blocks were completed

and the purchasers of respective apartments have

performed house warming ceremony. In so far as C

block apartments is concerned, 90% work has been

completed and only 10% works are remaining.

     At para 34 of the objection, the Respondent

submitted that the works relating to completion of

slabs, brick work, external and internal plastering

and also painting are completed. In view of the same,

as per clause 13 of the Joint Development Agreement

dt.6.8.2010 the interest free refundable security

deposit was to be refunded to the Respondent by the

Applicants, but the Applicants have failed to do so.
                               12         A.A.No.271/2018

        At para 35 of the objection, it is submitted by

the Respondent that since the delay was caused in

construction work due to revocation of General Power

of Attorney by the Applicants, Supplementary-cum-

allocation    Agreement       dt.16.5.2013     was   entered

between the Applicants and the Respondent to make

up the lost time and to complete construction. The

said fact has not been brought to the notice of the

Court while obtaining ad interim exparte order. The

relevant and material facts have been deliberately

suppressed by the Applicants to obtain an exparte ad

interim injunction without giving an opportunity of

being heard to the Respondent.

        Further   at   para    37   of   the   objection,the

Respondent took contention that they have invested

huge sums of money in the above mentioned project

and have completed most of the construction work

along with all the amenities well within the terms of

Joint     Development     Agreement      dt.6.8.2010    and

Supplementary-cum-allocation                     Agreement

dt.16.5.2013. Further the proceedings initiated by the
                              13           A.A.No.271/2018

Applicants Mr.A.T.Babu Rao and Mr.A.T.Shankar Rao

have also caused huge delay in completing the

project. The purchasers of the apartments have

initiated complaints before the Real Estate Regulatory

Authority and claiming compensation for the delay in

completing the project. The Applicants Mr.A.T.Babu

Rao and Mr.A.T.Shankar Rao are solely responsible

for the delay in completing the project. Therefore the

Applicants Mr.A.T.Babu Rao and Mr.A.T.Shankar Rao

are jointly and severally liable to pay the proposed

award/order passed by the Regulatory authority in

favour of the purchasers of the apartments. Therefore

the Respondent requested the Court to dismiss the

petition filed by the petitioners u/S 9(II)(C)(D) & (E) of

the Arbitration & Conciliation Act,1996.

     5.    Heard arguments on both sides.

     6.    On    perusal     of   the   contents    of    the

application     and   also    objection    filed    by    the

Respondent,     the   following   Points    arise   for   my

consideration as under:-
                               14        A.A.No.271/2018

             (1) Whether the Petitioners/applicants
                 prove that there is a prima facie
                 case lies in their favour?

             (2) Whether the Petitioners/applicants
                 further prove where does the
                 balance of convenience lies?

             (3) Whether the Petitioners/applicants
                 prove that they will be put to
                 irreparable loss and injury, if the
                 petition filed by them u/S 9(II)(C)(D)
                 & (E) of the Arbitration &
                 Conciliation     Act,1996   is    not
                 allowed?

             (4) To what Order?


      7.     My findings on the above Points are as

follows:-

             (1) In the Affirmative.

             (2) In the Affirmative

             (3) In the Affirmative

             (4) As per final order,for the following
                 reasons:-


                               REASONS

             POINTS 1 TO 3:

      8.     This is an Arbitration Application filed by

the         petitioners/Applicants        against         the

Respondent/Opponent u/S 9(II)(C)(D) & (E) of the
                                  15             A.A.No.271/2018

Arbitration & Conciliation Act,1996 requesting the

Court to pass an order of temporary injunction

restraining the Respondents, their agents, men or

anybody      under         or         through      them    from

alienating/encumbering/selling any apartments in

the schedule property fallen to the share of the

Applicants   as      per        the     Allocation   Agreement

dt.16.5.2013 to any third party.

     9.   So here after amendment of Arbitration &

Conciliation(Amendment) Act,2015(3 of 2016). As per

Sec.9 of the Arbitration & Conciliation Act, the

Interim measures, by Court.--[(1)]A party may, before

or during arbitral proceedings or at any time after the

making of the arbitral award but before it is enforced

in accordance with section 36, apply to a court--

     (ii) for an interim measure of protection in
respect of any of the following matters, namely:--
          (a) the preservation, interim custody or sale
     of any goods which are the subject-matter of the
     arbitration agreement;
          (b) securing the amount in dispute in the
     arbitration;
                             16         A.A.No.271/2018

          (c) the detention, preservation or inspection
     of any property or thing which is the subject-
     matter of the dispute in arbitration, or as to
     which any question may arise therein and
     authorising for any of the aforesaid purposes
     any person to enter upon any land or building in
     the possession of any party, or authorising any
     samples to be taken or any observation to be
     made, or experiment to be tried, which may be
     necessary or expedient for the purpose of
     obtaining full information or evidence;
          (d) interim injunction or the appointment of

     a receiver;

          (e)      such   other   interim   measure   of
     protection as may appear to the court to be just
     and convenient, and the Court shall have the
     same power for making orders as it has for the
     purpose of, and in relation to, any proceedings
     before it.


     [(2)]Where, before the commencement of the
arbitral proceedings, a Court passes an order for any
interim measure of protection under sub-section (1),
the arbitral proceedings shall be commenced within a
period of ninety days from the date of such order or
within such further time as the Court may determine.
                              17             A.A.No.271/2018

     10.   Here by filing this Arbitration Application,

the grievance of the Applicants is that they have

entered    into   the   Joint        Development   Agreement

dt.6.8.2010 with the Respondent and the Respondent

was permitted to develop land measuring 3 acres 12

guntas bearing Municipal Corporation No. 37/1/84/1

and 2165/84/1 carved out of converted land in

Sy.No.84/1,       situated      at     Rachenahalli   village,

K.R.Puram Hobli, Bengaluru East Taluk. As per the

averments made in the petition,the Respondents were

permitted to construct apartments over the schedule

property in accordance with the terms of Joint

Development Agreement and the Respondent was

required to take licence and permission from the

competent authority and was supposed to deliver the

constructed area pertaining to the share of the

Applicants within thirty months from the date of

commencement of the construction. But here, as per

the averments made in the petition, the Respondent

delayed in securing the sanctioned plan, and despite

the delay made by the Respondent, a Supplementary-
                              18        A.A.No.271/2018

cum-allocation Agreement dt.16.5.2013 was entered

between Applicants and Respondent and a further

period of 30 months was given to the Respondent to

complete the construction, subject to Clause 9 and 17

of the Joint Development Agreement dt.6.8.2010. But

the Respondent failed to complete the construction

work. To cover up the delay and latches on his part,

the Respondent issued a letter dt.7.11.2017 and a

legal notice dt.8.12.2017 to the Applicants making

frivolous allegations and demanding appointment of

Arbitrator and the said legal notice was suitably

replied by the Applicants.

     11.    In page 4 and 5 of the petition, it is

contended     by   the   petitioners    that    as   per

Supplementary-cum-allocation                   Agreement

dt.16.5.2013, the Respondent hastily completed the

construction of the apartments fallen to his share and

making attempt to alienate those apartments, without

constructing the flats which have been fallen to the

share of Applicants.
                             19          A.A.No.271/2018

      12.   Here in fact looking to the objection filed by

the Respondent to the main petition, he admitted that

there is a delay in obtaining the licence and

permission     from   the   competent    authority    and

therefore the apartment pertaining to C block has not

been completed. Here the Respondent relied on the

photographs produced along with the objections

contending that as per the photographs, all the work

pertaining to electricity and also water supply has

been completed and the delay was caused only due to

the revocation of General Power of Attorney by

Mr.A.T.Babu Rao and Mr.A.T.Shankar Rao.

      13.   So here admittedly the CMP No.54/2018

was filed by the present Respondent against the

present Petitioners and others before the Hon'ble High

Court of Karnataka u/s 6 of the Arbitration and

Conciliation Act. Accordingly one retired Hon'ble

District Judge has been appointed as Arbitrator as

per   the    Order    passed     in   CMP    No.54/2018

dt.27.6.2018. But here the allegations made by the

Petitioners in the petition and also the admissions
                             20             A.A.No.271/2018

admitted in the objection filed by the Respondent at

para 34 and 35, goes to show that there is delay in

construction of the apartment in C block. No doubt by

amalgamating the extent of the property in A & B

blocks, 'C' block has been formed. Here admittedly

the Applicants issued Notice to the Respondent

dt.20.6.2018 calling upon them to give account with

regard   to    funds   raised    from    different   financial

institutions and also funds available on hand of the

Respondent and also give account with regard to the

completed super structure of the flats and also

account with regard to remaining constructed flats.

But the Respondent has not given any appropriate

answer for the letter got issued by the Respondent

dt.20.6.2018. In para 34 and 35 of the objection filed

by the Respondent, he categorically admitted that

delay    was   caused    due     to     delay   in   obtaining

permission and licence from the competent authority,

but it is contention of the Respondent that due to

revocation of power of attorney by one of the

Applicants Mr.A.T.Babu Rao and Mr.A.T.Shankar
                           21        A.A.No.271/2018

Rao, the delay is caused. So this goes to show that

there is latches or delay caused by the side of the

Respondent due to which the flats pertaining to C

block have not at all been completed.

     14.   Here one of the Applicants by name

Mr.Venkatram filed his sworn affidavit along with the

list of apartments completed and fit for occupation

and list of unfinished apartments on 20.8.2018. For

this there is no appropriate answer by the side of

Respondent.

     15.   So here even though the Hon'ble Arbitrator

has been appointed as per the Order passed in CMP

No.54/2018, the Arbitration Tribunal has not been

constituted has not been constituted. In the reported

decision in (1992)2 Supreme Court Cases 479 in the

case between Sundram Finance Ltd., V/s NEPC India

Ltd., the Hon'ble Supreme Court of India observed

that the Court while exercising jurisdiction u/S 9

Court can pass a conditional order to put the

applicant to such terms as it may deem fit with a view

to see that effective steps are taken by the applicant
                            22           A.A.No.271/2018

for commencing the arbitral proceedings. Further

observed that what is apparent, however, is that the

Court   is    not   debarred    from   dealing   with   an

application u/S 9 merely because no notice has been

issued u/S 21 of the 1996 Act. At para 3, the Hon'ble

Supreme Court of India observed that the material

words occurring in Sec.9 are "before or during the

arbitral proceedings". There is no reason s to why

Sec.9 of the 1996 Act should not be literally

construed. Meaning has to be given to the word

"before" occurring in the said section. The only

interpretation that can be given is that the Court can

pass interim orders before the commencement of

arbitral proceedings. Therefore reading the Section as

a whole it appears that the Court has jurisdiction to

entertain an application u/S 9 either before arbitral

proceedings or during arbitral proceedings or after the

making of the arbitral award, but before it is enforced

in accordance with Sec.36 of the Act.

     16.     As per Rule 18 of the Arbitration &

Conciliation Centre Rules. 2012,on appointment of
                               23            A.A.No.271/2018

Arbitral Tribunal, the proceedings shall be proceed as

per the procedural order fixing the timeline of

arbitration having due regard to Sec.29-A of the Act.

In this case also no doubt the Hon'ble Arbitrator has

been   appointed      in   CMP      No.54/2018,    but      the

Arbitrator has not yet started functioning and it

appears that the Respondent is trying to alienate or

sell the flats which have been constructed as super

structure flats to the prospective purchasers without

bringing it to the knowledge of the Applicants, which

is contrary to the Joint Development Agreement and

also    Supplementary-cum-allocation              Agreement

dt.16.5.2013. So here it causes loss financially to the

Applicants, if Respondent by completing the flats

which have been allotted to him sell the same,

without completing the flats which have been allotted

to the Applicants. Therefore, at this stage the

Applicants have made out a prima facie case to grant

interim relief as prayed for in the petition as well as in

I.A.No.1.   So   in   order    to   avoid    multiplicity    of

proceedings, it is just and proper to maintain,
                            24        A.A.No.271/2018

preserve and protect the schedule properties as it is,

and to allow the application filed by the applicant u/S

9 of the Arbitration & Conciliation Act,1996. So here

the Learned Arbitrator has not yet entered into

Reference. Therefore the Applicants have approached

this Court and sought for interim relief and further

there is efficacious remedy available to the Applicants

to move u/S 17 of the Arbitration & Conciliation

Act,1996   before   the   Learned   Arbitrator   seeking

interim relief in respect of schedule properties,

because though the Hon'ble Arbitrator is appointed as

per order passed in CMP No.54/2018, not yet Arbitral

tribunal has been constituted with reference to Sec.

21 of the Arbitration & Conciliation Act. Therefore in

order to avoid unforeseen event due to the activities of

the Respondent, it is just and proper to stop the

Respondent from creating any third party interest or

right over A, B and C schedule properties.

     17.   Further it is also apprehension of the

Applicants that taking advantage of the Order passed

by the Hon'ble High Court of Karnataka in CMP
                                25       A.A.No.271/2018

No.54/2018, the Respondent may try to create third

party interest over A, B and C schedule properties

and may try to act contrary to Clause 9 and 17 of the

Joint     Development     Agreement     dt.6.8.2010      and

Supplementary-cum-allocation                      Agreement

dt.16.5.2013. But in this case the Arbitral Tribunal

has not yet started the functioning. Therefore this

Court has got power u/S 9 of the Arbitration &

Conciliation(Amendment) Act,2015 to protect and

preserve the interest and rights of the Applicants

before constituting the Arbitral Tribunal u/S 21 of the

Arbitration & Conciliation Act.

        18.   Here the only contention of the Respondent

is that the Applicants have to pay interest free

refundable security deposit, but the Applicants have

not yet paid the refundable security deposit, though

the delay was caused by the side of Applicants. But

here first of all the Respondent has to answer whether

he has actually constructed all the flats which have

been     allotted   to   the    Applicants   as    per   the

Supplementary-cum-allocation                      Agreement
                            26         A.A.No.271/2018

dt.16.5.2013. One of the Applicants has filed sworn

affidavit calling upon the Respondent to give list of

the flats which are fully constructed and list of the

flats which are not constructed and which are the

flats that are yet to be constructed. For this there is

no appropriate answer by the side of Respondent.

Hence the objection filed by the Respondent to the

main petition and also to I.A.No.1 is not at all tenable.

However the Respondent is having a right to get

efficacious remedy u/S 17 of the Arbitration &

Conciliation Act before the Hon'ble Arbitrator after

constitution of arbitral tribunal as per the order

passed by the Hon'ble High Court of Karnataka in

CMP No.54/2018. Therefore I answered Point Nos.1 to

3 in the Affirmative.

     POINT NO.4:

     19.   In view of aforesaid discussion and findings

on Point Nos.1 to 3, this Court proceeds to pass the

following Order:-
                        27                 A.A.No.271/2018

                      ORDER
     The      Application         filed     by     the

petitioners                against                 the

Respondent/Opponent u/S 9(II)(C)(D) & (E) of the Arbitration & Conciliation Act,1996 is hereby allowed.

The interim relief granted by this Court dt.12.7.2018 is hereby made absolute and the interim relief granted by this Court is in force till constitution of Arbitration Tribunal, as per the Order of the Hon'ble High Court of Karnataka in CMP No.54/2018.

     Further     It   is     directed        to    the

Respondent      restraining          himself,      his

agents, men or anybody on behalf of him, from alienating/encumbering/selling any apartment in the schedule property fallen to the share of Applicants as per the Supplementary-cum-allocation Agreement 28 A.A.No.271/2018 dt.16.5.2013 to any third parties, till Arbitral Tribunal constituted.

Accordingly the petition filed by the petitioners u/S 9(II)(C)(D) & (E) of the Arbitration & Conciliation Act,1996 is hereby disposed of.

(Dictated to the Judgment Writer, typed by her, corrected, signed and then pronounced by me in the open Court on this the 28th day of August 2018) (DEVANAND PUTTAPPA NAYAK) XXXVIII Addl. City Civil & Sessions Judge,Bangalore City.

Digitally signed by DEVANAND P NAYAK

     DEVANAND                        DN: cn=DEVANAND P
                                     NAYAK,ou=GOVERNMENT OF
                                     KARNATAKA,o=HIGH COURT OF
     P NAYAK                         KARNATAKA,st=Karnataka,c=IN

Date: 2018.08.29 15:08:42 IST