Karnataka High Court
Union Of India vs M/S Sri Krishna Shelters Pvt Ltd on 22 January, 2020
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JANUARY, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.21090 OF 2019 (GM-RES)
BETWEEN :
UNION OF INDIA
REPRESENTED BY EXECUTIVE ENGINEER
NITK, SPD-1, CENTRAL PUBLIC
WORKS DEPARTMENT
NITK CAMPUS, SURATHKAL
MANGALORE-574 146 ...PETITIONER
(BY SHRI. M.N. KUMAR, CGC)
AND :
M/S. SRI. KRISHNA SHELTERS PVT. LTD.,
A COMPANY REGISTERED UNDER THE
PROVISIONS OF THE INDIAN
COMPANIES ACT, 1956
NO.59, "SRI KRISHNA SOUDHA"
WEST ANJANEYA TEMPLE STREET
OPP. BASAVANAGUDI MAIN ROAD
GANDHIBAZAR, BENGALURU-560 004
BY ITS MANAGING DIRECTOR
K.A. RAGHAVENDRA ... RESPONDENT
(BY SHRI. S. ANIL KUMAR, ADVOCATE )
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 08.04.2019 PASSED BY FIRST ADDITIONAL DISTRICT &
SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU IN
A.A.NO.3/2019 (ANNEXURE-ZB)
2
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri. M.N.Kumar, learned CGC for petitioner and Shri.S.Anil Kumar, learned Advocate for respondent.
2. Arbitration proceedings are pending before the Sole Arbitrator. An application was filed under Section 29A(5) of the Arbitration and Conciliation Act, 1996 ('the Act' for short) before the I Additional District and Sessions Judge, Dakshina Kannada, Mangalore, for extension of time to publish the award. The learned District Judge has returned the said application for want of jurisdiction.
3. Shri. Kumar, learned CGC and Shri. Anil Kumar, jointly submitted that by Notification No. LAW/LCE/48/2019 dated 9TH October 2019, followed by corrigendum Notification No. LAW/LAC/48/2019 dated 24TH October 2019, jurisdiction has been conferred upon the I Additional District Judge, D.K. They also jointly pleaded that six 3 months' time may be granted to complete the proceedings before the Sole Arbitrator.
4. Section 29A(9) of the Act requires that the application filed under Sub-section (5) shall be disposed of as expeditiously as possible. Since the jurisdiction has been conferred upon the I Additional District Judge, Mangalore, the impugned order is not sustainable as on date. However, keeping in view the provisions of Section 29A(9) of the Act, ends of justice would be met by exercising power under Article 226 of the Constitution of India. Hence, by consent of learned Advocate on both sides, time is extended by six months from the date of receipt of a copy of this order for completion of arbitral proceedings and to publish the award.
Petition is disposed of.
No costs.
Sd/-
JUDGE SPS