M.P.RAVISHANKAR Vs. T.SHIVAPRAKASH

JUDGEMENT

(1.) Writ Petition No.8582/2022 is filed seeking to quash the Compromise Award dtd. 18/3/2019 passed in AC.No.71/2018. Writ Petition No.8604/2022 is filed seeking to quash the Compromise Award dtd. 9/1/2019 passed in AC.No.70/2018. Since the Petitioners were not parties to the Arbitral Awards dtd. 9/1/2019 and 18/3/2019, IA.I/2022 is filed seeking leave of this Court to permit the Petitioners to challenge the said Arbitral Awards.

(2.) The Petitioners and Respondents in both the Writ Petitions are same. Hence, both the Writ Petitions are considered together and this common order is passed.

(3.) Brief facts of the case are as under: The Petitioners and Respondent Nos.1, 2 and 5 are the Partners of the Respondent No.3 - Firm. The Firm is constituted by the Deed of Partnership dtd. 16/6/2021 and re-constituted vide Deeds dtd. 1/4/2006 and 1/2/2007. It is the case of the Petitioners that the Firm had entered into two Agreements dtd. 1/12/2006 (Project 2 Mysuru) and dtd. 24/12/2012 (Project 3 Mysuru) for Land Development with the Respondent No.4 - Society to procure land, form a layout, develop infrastructure in all respects and hand it over to the Respondent No.4 - Society. Due to various disputes that arose in the course of implementation of the aforesaid agreements, an Arbitral Tribunal was constituted and arbitration proceedings were commenced between the Firm and the Respondent No.4 - Society in AC.No.71/2018 and AC No.70/2018. Both the parties filed their respective pleadings before the Arbitral Tribunal. Thereafter, the parties have filed Compromise Petitions and accordingly, the settlement Awards dtd. 18/3/2019 in AC No.71/2018 and 9/1/2019 in AC No.70/2018 were passed and the Arbitration proceedings were disposed off. To execute the settlement Award dtd. 18/3/2019 in AC.No.71/2018, the Respondent No.4 - Society filed Commercial Execution Case No.2/2021 and to execute the settlement Award dtd. 9/1/2019 passed in AC.No.70/2018, Commercial Execution Case No.3/2021 was filed in the Court of the Principal District and Sessions Judge, Mysuru.