Dismissed

M/S Eagle-Mpcc (Jv) v. the Chief Administrative Officer/Construction

Karnataka HC7 Jun 2023COMAP/200/2022

Case brief

AI extract

What is this about?

The Commercial Appellate Court disposed of an appeal filed under the Commercial Courts Act, 2015, against the rejection of a Section 9 arbitration petition. The court held that since the disputed amount was already recovered, the matter no longer required adjudication.

What did the court decide?

Appeal disposed of as the amount was already recovered; pending interlocutory application also disposed of.

M/S Eagle-Mpcc (Jv) Vs the Chief Administrative… — Arbitration | Karnataka HC (2023)

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COMAP No.200 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JUNE, 2023

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PRESENT

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THE HON'BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE COMMERCIAL APPEAL NO.200 OF 2022 (AA)

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BETWEEN:

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Digitally signed by RUPA V Location: High Court of Karnataka

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M/S. EAGLE - MPCC (JV) A REGISTERED FIRM AND HAVING ITS REGISTERED OFFICE AT NO.16, S C S COMPLEX SOUTH CAR STREET TIRUCHENGODE 637211 NAMAKKAL DISTRICT TAMIL NADU COMPRISING ITS CONSTITUENTS, NAMELY,

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EAGLE EARTH MOVERS A SOLE PROPRIETORSHIP CONCERN REPRESENTED BY ITS SOLE PROPRIETOR MR. U.R. SUBRAMANIAM SON OF MR. RAMASWAMY AGED ABOUT 52 YEARS RESIDING AT NO.14, S C S COMPLEX SOUTH CAR STREET, TIRUCHENGODE NAMAKKAL DISTRICT, TAMIL NADU 637211.

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M.P. CONSTRUCTION CO. A SOLE PROPRIETORSHIP CONCERN REPRESENTED BY ITS SOLE PROPRIETOR MR. M. PADMANABHAN SON OF MR. MANICKAM AGED ABOUT 51 YEARS HAVING HIS OFFICE AT NO 10 JAI NAGAR, 3RD STREET

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COMAP No.200 of 2022

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ARUMBAKKAM, CHENNAI 600106.

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…APPELLANTS

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(BY SRI. BHANUPRAKASH V.G. ADV.,)

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AND:

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THE CHIEF ADMINISTRATIVE OFFICER/CONSTRUCTION SOUTH WESTERN RAILWAY 18, MILLERS ROAD, BANGALORE CANTONMENT, BANGALORE 560046.

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…RESPONDENT

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THIS COMAP IS FILED UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W ORDER XLI OF THE CPC, PRAYING TO SET ASIDE THE JUDGMENT DATED 19.01.2022 PASSED IN COM.AA.NO.167/2021 BY THE LEARNED LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-85) (COMMERCIAL COURT) BENGALURU, PRODUCED AS ANNEXURE-A & ETC.,

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THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal under Sections 13(1) and 13(1-A) of

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the Commercial Courts Act, 2015 has been filed against

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an order dated 19.01.2022 passed by the Commercial

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Court by which petition filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996 has been rejected.

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COMAP No.200 of 2022

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It is not in dispute that the amount in respect of

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which the appellant sought the relief under Section 9 of the Arbitration and Conciliation Act, has already been recovered from the appellant. The validity of the action of the respondent in recovering the amount from the appellant shall be adjudged by the Arbitrator who may be appointed to adjudicate the dispute.

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At this point of time, nothing survives for adjudication in this appeal as the amount has already been recovered from the appellant.

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The appeal is therefore disposed of.

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Consequently, pending interlocutory application is

also disposed of.

Sd/JUDGE

Sd/JUDGE

M/S Eagle-Mpcc (Jv) v. the Chief Administrative Officer/Construction

Case brief

What is this about?

What did the court decide?

M/S Eagle-Mpcc (Jv) v. the Chief Administrative Officer/Construction

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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