Appeal details
Counselvise Citation
[] 140 COUNSELVISE.COM (CL) 832441 (HC-KARNATAKA)
Assessee PAN
Bench
Appeal Number
Appellant
Respondent
Appeal Type
Others
Pronouncement Date
23-01-2026
Assessment Year
misc
Judgement Text
" - 1 - HC-KAR NC: 2026:KHC:4116 CMP No. 570 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 570 OF 2024 BETWEEN: MR. JITENDRA VIRWANI AGED ABOUT 55 YEARS SON OF MOHAN VIRWANI RESIDING AT:341, EMBASSY WOODS, 6/A CUNNINGHAM ROAD BENGALURU-560 052 REP. BY ITS S.P.A. HOLDER MR. PRASAD A TURAMARI …PETITIONER (BY SRI. ANANDA CHAKRAVARTHY, ADV. FOR SRI AJESH KUMAR S., ADV.) AND: 1. MR. ANUJ NAUTIYAL AGED ABOUT 44 YEARS, SON OF LATE DURGA PRASAD NAUTIYAL, RESIDING AT:204, SPRING BLOCK, MANGALYA RESIDENCY, BENSON TOWN, 6/1, BENSON CROSS ROAD, NEAR CANARA BANK, BENGALURU - 560 046 Printed from counselvise.com Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4116 CMP No. 570 of 2024 2. REDWOODS CAPITAL TRUST A TRUST INCORPORATED UNDER THE INDIAN TRUST ACT HAVING ITS OFFICE AT NO.403 THE ESTATE 121, DICKENSON ROAD, BENGALURU -560 042 REPRESENTED BY ITS TRUSTEE, MR. ANUJ NAUTIYAL 3. REDWOODS CAPITAL MANAGEMENT PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT: 403, THE ESTATE, 121 DICKENSON ROAD, BENGALURU-560 042 REPRESENTED BY ITS PROMOTER, MR. ANUJ NAUTIYAL 4. THE TRUSTEE - REDWOODS SPECIAL SITUATIONS FUND A TRUST INCORPORATED UNDER THE INDIAN TRUST ACT, IL AND FS FINANCIAL CENTER, PLOT C-22, G BLOCK, BANDRA KURTA COMPLEX, BANDRA (EAST), MUMBAI-400 051 REPRESENTED BY ITS TRUSTEE, MR. ANUJ NAUTIYAL 5. IL AND FS FINANCIAL SERVICES LIMITED, FORMERLY KNOWN AS “IL AND FS TRUST COMPANY LIMITED” A COMPANIES ACT, 1956 HAVING ITS OFFICE AT 1ST FLOOR, A-268, BHISHM PITAHAMAH MARG, Printed from counselvise.com - 3 - HC-KAR NC: 2026:KHC:4116 CMP No. 570 of 2024 DEFENCE COLON, NEW DELHI - 110 024 HAVING ITS REGISTERED OFFICE AT: IL AND FS FINANCIAL CENTER, PLOT C-22, G BLOCK, BANDRA KURTA COMPLEX, BANDRA (EAST), MUMBAI - 400 051 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE …RESPONDENTS (R1, R2, R3 & R5 ARE SERVED) THE CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO a) APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTES BETWEEN THE PARTIES HERETO IN PURSUANCE OF THE CLAUSE 15.10.3 OF THE CLASS A CONTRIBUTION AGREEMENT (AGREEMENT) DATED 18.07.2012 APPENDED HERETO AT ANNEXURE-A. b) GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Printed from counselvise.com - 4 - HC-KAR NC: 2026:KHC:4116 CMP No. 570 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER Learned counsel for the petitioner filed a memo for withdrawal of the petition. 2. The memo is placed on record. Accordingly, the petition is dismissed as withdrawn. Sd/- (ASHOK S.KINAGI) JUDGE SSB Printed from counselvise.com "
AI summary
This case involved a civil miscellaneous petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, by Mr. Jitendra Virwani, seeking the appointment of an arbitrator to resolve disputes arising from a contribution agreement dated July 18, 2012. The petition was filed against Mr. Anuj Nautiyal and several entities associated with him, including trusts and companies under the Indian Trust Act and Companies Act. The primary legal issue was the appointment of an arbitrator as per the agreement's arbitration clause. However, before the court could proceed with substantive hearings, the petitioner decided to withdraw the petition.
