This was a miscellaneous first appeal filed under Section 37(1)(C) of the Arbitration and Conciliation Act. The appellant certified that he had expired. The Bench dismissed the appeal as abated.
The appeal was dismissed as abated. The pending interlocutory application was also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:22719-DB MFA No. 6643 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2023 PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO.6643 OF 2018 (AA)
BETWEEN:
Digitally signed by RUPA V
Location: High Court of Karnataka
…APPELLANT
(BY SRI. PALLAVA R, ADV.,)
AND:
…RESPONDENTS
(BY SMT. SIMRAN D. COSTA, ADV., FOR SRI. KUMAR M.N. CGC FOR R1 V/O DTD:23.06.2023 NOTICE TO R2 IS D/W)
THIS MFA IS FILED U/S.37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND AWARD DT.02.03.2018 PASSED ON A.S.NO.60/2017 ON THE FILE OF THE XXX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY, DISMISSING THE SUIT FILED U/S.34 OF THE ARBITRATION AND CONCILIATION ACT.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.Pallava R., learned counsel for the appellant.
Smt.Simran D'costa, learned counsel for the
respondent No.1.
Learned counsel for the appellant submits that the appellant has expired on 15.09.2020 and his legal representative is not interested in prosecuting the appeal. He, therefore, submits that the appeal may be dismissed as abated. In this connection, a memo has
been filed which is taken on record.
Accordingly, the appeal is dismissed as abated.
Consequently, the pending interlocutory
application is also dismissed.
Sd/JUDGE
Sd/JUDGE
RV
1 issue framed by the court
Whether the appeal filed under Section 37(1)(C) of the Arbitration and Conciliation Act abated due to the death of the appellant before the hearing of the appeal.
2 provisions across 1 enactments
Sri. V.M. Ganesh
The Union of India
Sri. P. Ravindranathan
Alok Aradhe
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
