Professional Documents
Culture Documents
311/2021
N THE COURT OF THE PRL. CIVIL JUDGE &
JMFC, BANGARPET
Present: AJIT DEVARAMANI., B.sc, L.L.B.,
Prl. Civil Judge & JMFC, Bangarpet.
Dated this the 20th day of December 2021
O.S. 311/2021
Plaintiff/s : Sri. Hanumappa
S/o Venkatappa,
Aged about 57 years,
R/at Boyenahalli Road,
Kamasamudram Hobli,
Bangarpet Taluk.
(Reptd. by Sri. K.M. Advocate.)
V/s
Defendant/s : The Manager,
Magma Finance Coroperation Ltd.
No. 40, 2nd main, CKC garden
Foundation house, 4th floor,
Mation road, Bengaluru – 27.
(Reptd. by Sri.A.L.N. Advocate)
ORDERS ON IA –I I
The defendant has filed this I.A. No.1 U/o 8(1)
of arbitration and conciliation Act – 1996 seeking
to dismiss the suit.
2 O.S. 311/2021
2) In the affidavit annexed to the application, it
is contended that, plaintiff had filed the above suit
against the defendant corporation for the relief of
Mandatory Injunction directing the defendant to
handover the vehicle to plaintiffs peaceful
possession an enjoyment. Further contended that
there is an agreement between plaintiff and
defendant and in the said agreement there is an
arbitration clause, therefore dispute has to be
adjudicated by arbitrator.
3) On the other hand plaintiff filed objections
contending that, application is not maintainable.
Defendant has not filed written statement and he
has not filed any document, therefore prays to
reject the application.
4) On the basis of the above contentions the
points that would arise for my consideration are
as under:
1. Whether the plaintiff has made out
grounds to dismiss the suit?
2. What order?
3 O.S. 311/2021
5) Heard arguments of counsel for plaintiff and
defendant, perused the materials available on
record.
6) My findings to the above points are as follows:
Point No.1 : In the Negative
Point No.2 : As per final order,
for the following :
R E A S O N S
9) Point No.2: In view of the above discussions
and answered to the Point No.1, I proceed to pass
the following:
O R D E R
I.A. No.1 filed by the defendant
U/o 8(1) of arbitration and
conciliation Act – 1996 is hereby
rejected with cost.
5 O.S. 311/2021
(Dictated to the typist, transcribed on computer, typed by her corrected and
then pronounced by me in open court on this 20th day of December 2021).
(AJIT DEVARAMANI)
Prl. CJ and JMFC, Bangarpet.