IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28??' DAY OF JANUARY 2010
BEFORE
THE HONBLE DR. JUSTICE K. BHAKTHAV.ATSALjA----.
WRIT PETITION NQ2334/2010 [GM--CPC)
BETWEEN
Rukmini Jaclav,
W/ o Ganesh J adav,
Age: 41 years.
No.4, 21"' Cross,
Opposite to City tower Hotel,
151 floor, Dispensary Road,
kalasipalyam, . ..
Banga1ore--560 O02. ' f . Petitioner
[By Sri Adir1.é1'irVé{jrar1;:ev5Ad\}A*Efiffor 'N"Associates, for
for petitiorifirl --_ * * --
AND
1. Parasm{a1"B.othra 'I"i:1éii1cie§?s and
Aiit1<1orisé_ci"1~F§far1chiseesV of.-'-STE' C' Ltd. ,
No, 13, «Ayya M1:1d.aii. Street,
Sowicarpet, _ A' AV '
Cherina1'%'600'~Q"F9.
2. S1'ira1f1..Tra,ns;1ort Finance Co. Ltd.,
_°~..N'o§41¢, Lady Desikar Road,
'A " mbikarsomplex,
; rf3¥'" floor; Myiapore,
._ "'Chem1ai=60O O04. Respondents
This Writ Petition is filed under Articles 226 8: 227 of the
Constitution of India, praying to set aside the impugned order dated
28.10.2009 passed by the XIII Add]. City Civil Judge,..Ba’1iga1Vore,
CCH No.22, in o s No.25915/2008 Vide Annexure–A__
filed by the respondents under Section 8(1) off__}X:.hitratio1i C’
Conciliation Act.
This Petition coming on for preliminary. V_hearir1_gtliis dayotlie
Court made the following:
. QRDETR” – if
The petitioner./pls.i:ntiff;;in:Q’J:S..:No’.’§?.5Ei’1£5/2008 on the file of
XXII Addl. City is before this Court.
praying for variotis’ A:fel_iefs§:;}V
2. A memo ~b:e’e»fi4leid:Vp:jessing the relief only in respect of .
the impugned ord_e1~. pdasse’d” I.A.ilI and giving up other reliefs
Sought for}, I
of the case leading to the filing of the Writ
v.C:’AA””Petition may stated as under:
t_/
2;.)
The petitioner/ plaintiff filed a suit against the defendants for
permanent injunction restraining the defendants from seizinglmotor
vehicle bearing No.KA 19 AA 3799. The petitioner obtained.’
ex–parte T I restraining the defendants from seiaiiig dhvefhiclef
without due process of law. After the defendants ‘appiearantce if.
in the suit, he filed I.A.II under Section thepd.Arbiti*ationand
Conciliation Act contending that dir4:”ithe loan dated
13.10.2007, there existed an e~s1;:rra.’:ie;i Thfefplaintiff filed an
application (I.A.lIl} under C P C on the
ground that in the in favour of the
plaintiff, the vehicle, and thereby
committed I, and therefore contempt
proceedings be the vehicle was seized by the
defendants’..,theul”111Elii1tff1i. for restoration of the motor
xfehittle. V.fl’t1e_A..:appAlicaAtion——for restoration was rejected by the trial
Feeling’ by the order passed on I.A.IV. the plaintiff
=..__appr0ached in MFA No.3261/2009. Learned Single Judge
this Courtnpallowed the Appeal and directed the defendants to
thepvehicle to the plaintiff Within a week from the date of
if-.or’der, accordance with law. The vehicle was re–deliverecl to the
h V I.A.V was filed by the defendants under Order XXXEX Ruie 4
Lee
of C P C for vacating ad–interi1n T I. The trial Court, by order dated
28.10.2009, allowed I.A.II filed by the defendants and referred the
parties to arbitration. I.A.I filed under Order XXXIX Rules
0 P c filed by the plaintiff and I.A.V filed under oedeg eel
of C P C by the defendants were disposed; of hold.i.ng t’hat_.:the_e§ip_ai*te 0.
adwinteritn TI order passed on 24.6.2008 shallbe inpf0’rce”for Va,
of 3 months from the date of (ie.,. “or until
arbitration proceedings comnienced_.”be’fore. Whichever
is earlier. The petitioner is for various
reliefs. But, the Coufnfi-:1¥Vp:V:for his prayer, in
so far as the relieif4so:ught” inthe suit.
4. Learned * petitioner submits that the trial
Court has ‘of: finally on 28.10.2009 Without
referenceppétgjo “i.A.IIixfiledpfiundler Crder XXXEX Rule 2(A} of C P C for
initiatiiig:xlcontenzpteproceedings against the defendants. There is no
ifilpfitiifnéiltl~li}’t3’ii1LiOI1€I’ to approach the trial Court and request
consider I,.__A.ElI:”‘though the parties were directed for arbitration.
“”””.WAi’thotitV. exhausting such a remedy, the petitioner has approached
lCourt…’There is no good ground to entertain the Writ Petition.
L/.
5. in the resuit, the Writ Petition fails and the same is hereby
dismissed, with liberty to take such Course of remedy availablek; law
before the trial Court.
Bjs