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2026 Supreme(Online)(Kar) 28714

THE HIGH COURT OF KARNATAKA
M.G.S. KAMAL
SMT. SHILPA DATAR – Appellant
Versus
M/S LEGANCY GLOBAL PROJECTS PRIVATE LTD. – Respondent


THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.12.2019 ANNEXURE-G PASSED BY THE RESPONDENT NO.2 IN A.C.NO.126/2017 ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

This petition raises a question with regard to the applicability, or otherwise, of Section 29A of the Arbitration and Conciliation Act, 1996 ('Act 1996' for short) to the facts of the case, though admittedly, the arbitration proceedings in the instant case were initiated prior to the Arbitration and Conciliation (Amendment) Act, 2015 ('Act 2015' for short) coming into force.

2. Brief facts of the case are;

(a) that the petitioners and the respondent No.1 herein had entered into a Joint Development Agreement dated 30.08.2011. Dispute arose between the petitioners and respondent No.1 herein. Since the said Joint Development Agreement contains a clause for resolution of dispute through arbitration and conciliation, respondent No. 1 issued notice dated 04.05.2013 as contemplated under Section 21 of the Act, 1996 invoking the said arbitration clause. The

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