LAWS(KAR)-2018-6-53

V VINOD D KAMATH Vs. PREETH HEGDE

Decided On June 11, 2018
V Vinod D Kamath Appellant
V/S
PREETH HEGDE Respondents

JUDGEMENT

(1.) In the application under Section 34 of the Arbitration and Conciliation Act, 1996 ('the Act') in A.S.No.19/2015 in the Court of the Principal District and Sessions Judge, Dakshina Kannada, the plaintiff - appellant made an application (I.A.No.4) with the submissions that the issue relating to admissibility of the agreement in question be taken up as a preliminary point of hearing. However, on 05.01.2018, the learned District Judge proceeded with the hearing and heard the arguments of learned counsel for the defendant No.1 on I.A.No.4 as also on the main matter; and learned counsel for the plaintiff appellant was directed to file written arguments on the main matter by 10.01.2018 and to address oral arguments.

(2.) Seeking to question the aforesaid proceedings dated 05.01.2018, the appellant sought intervention in the writ proceedings. However, the writ petition so filed by the appellant has been dismissed by the learned Single Judge of this Court by a short order dated 05.03.2018 that reads as under:

(3.) Learned counsel for the appellant has strenuously argued that the agreement for sale dated 205.2008 was not properly stamped and, therefore, unless and until the duty and penalty were paid, the same could not have been acted upon.