Allowed

Machani Ramesh Heritage LLP v. Deepa Anil Kumar

Karnataka HC4 Jun 2024COMAP/139/2024

Case brief

AI extract

What is this about?

Commercial appeal against an order granting interim relief despite a subsisting arbitration clause and a court-appointed arbitrator. The Division Bench held interim protection was for the arbitrator to decide, allowed the appeal, and fixed 07.06.2024 for the parties to appear before the arbitrator with the Section 17 application.

What did the court decide?

Appeal allowed setting aside course of approaching the commercial court; parties to seek interim protection from the appointed arbitrator on 07.06.2024, with a recorded commitment of no alienation til

Machani Ramesh Heritage LLP Vs Deepa Anil Kumar — Arbitration | Karnataka HC (2024)

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NC: 2024:KHC:18940-DB COMAP No. 139 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE COMMERCIAL APPEAL NO. 139 OF 2024

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BETWEEN:

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MACHANI RAMESH HERITAGE LLP, A REGISTERED LIMITED LIABILITY PARTNERSHIP, HAVING REGISTERED OFFICE AT NO.4, BOMMASANDRA INDUSTRIAL AREA, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 560 099.

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MACHANI RAMESH RAVI, SON OF MACHANI RAMANNA RAMESH, AGED MAJOR, RESIDING AT NO.3009 12^TH B MAIN ROAD, HAL 2^ND STAGE, INDIRANAGAR,

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BENGALURU - 560 008.

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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COIMBATORE RAGHAVENDRA SHASHIDHAR, SON OF RAGHAVENDRA KRISHNAMURTHY RAO, AGED MAJOR, BUNGALOW, 375, 13^TH MAIN ROAD, KORAMANGALA, 3^RD BLOCK, BENGALURU - 560034.

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MACHANI RAMANNA GANGANNA, SON OF MACHANI RAMANNA, AGED MAJOR, RESIDING AT NO.105, MADHABAN APARTMENT, HOSUR MAIN ROAD, ADUGODI, BENGALURU -560030.

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2 - NC: 2024:KHC:18940-DB COMAP No. 139 of 2024

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MACHANI GANGANNA NAVEEN, SON OF MACHANI RAMANNA, AGED MAJOR, RESIDING AT NO.105, MADHABAN APARTMENT, HOSUR MAIN ROAD,

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ADUGODI, BENGALURU 560030.

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MG METALLIC SPRINGS PVT LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFIFCE AT MG BROTHERS, BELLARY ROAD, ANANTPUR - 515004, REP. BY MR GANESH KAMATH.

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MACHANI RAMANNA GANGADHAR, SON OF MACHANI RARNANNA GANGADHAR, AGED MAJOR, RESIDING AT NO.270, MASTERS MANSION, PADARU PALLI, NELLORE - 524004.

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RAGHAVENDRA GANGADHAR MACHANI, SON OF MACHANI RARNANNA GANGADHAR, AGED MAJOR, RESIDING AT NO.270, MASTERS MANSION PADARU PALLI NELLORE 524004.

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MG GOPALAKRISHNA, SON OF MACHANI NARNANNA GANGADHAR, AGED MAJOR, RESIDING AT NO.270, MASTERS MANSION PADARU PALLI, NELLORE 524004.

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MONE KRISHNAVENI, DAUGHTER OF RAMANNA MACHANI, AGED MAJOR, RESIDING AT NO.1243 ROAD 12, NO.12, BANJARA HILLS, NEAR MLA COLONY, HYDERABAD - 500034.

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3 - NC: 2024:KHC:18940-DB COMAP No. 139 of 2024

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BANGALORE CHANDRAPPA BHAGEERATHAMMA DAUGHTER OF RAMANNA MACHANI, AGED MAJOR, RESIDING AT NO.24, 1^ST MAIN, SAMRAT LAYOUT BEHIND, NAMASTE GARMENTS, BANNERGHATTA ROAD, ARAKERE, HULIMAVU, BENGALURU - 560076.

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BHAGYA REKHA RANGASWAMY BILEMOGGA, DAUGHTER OF RAMANNA MACHANI, AGED MAJOR, RESIDING AT YEMMIGANUR, KURNOOL, ANDHARA PRADESH - 518360.

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SHANMUKHA KRISHNAVENI RODDA, DAUGHTER OF RAMANNA MACHANI, AGED MAJOR, RESIDING AT NO.895 10^TH CROSS, 24^TH MAIN, J P NAGAR, 2^ND PHASE, BENGALURU SOUTH BENGALURU - 560078.

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SRINIVASA MURTHY KANIKE, SON OF KRISHNA MURTHY KANIKE, AGED MAJOR, RESIDING AT HOUSE NO.2/545, SRINIVAS NAGAR, ADONI KURNOOL, ANDHRA PRADESH - 518302.

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SAYA THARAKESWARA, SON OF BHADRAYYA SAYA, AGED MAJOR, RESIDING AT NO.40/37L/15, RIVER VIEW COLONY, KURNOOL, ANDHRA PRADESH - 518004.

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ROOPA GANGANNA MACHANI, DAUGHTER OF GANGANNA RAMANNA MACHANI, AGED MAJOR, RESIDING AT X 171, MAHADESWARA BLOCK, SOMWARPET, KODAGU, KARNATAKA - 571236.

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NC: 2024:KHC:18940-DB COMAP No. 139 of 2024

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NANDA GANGANNA MACHANI, DAUGHTER OF GANGANNA RAMANNA MACHANI, AGED MAJOR, RESIDING AT I-1400, HBS COLONY, YEMMIGANUR KURNOOL, ANDHRA PRADESH - 518360.

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…APPELLANTS

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(BY SRI PRAMOD NAIR, SR. COUNSEL A/W SRI ARJUN P K, ADVOCATE)

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AND:

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DEEPA ANIL KUMAR, WIFE OF ANIL KUMAR BABU, RESIDING AT NO.33, SAI ENCLAVE 1^ST CROSS, MS RAMAIAH CITY ROAD, AREKERE, BENGALURU - 560076.

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…RESPONDENT

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(BY SRI DHYAN CHINNAPPA, SR. COUNSEL FOR SRI M.V. SUNDARARAMAN, ADVOCATE FOR C/RESPONDENT)

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THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996L READ WITH SECTION 13 OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO:

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SET ASIDE THE IMPUGNED ORDER DATED 08^TH APRIL, 2024 PASSED BY THE COURT OF THE LXXXIV ADDITIONAL CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT), AT BENGALURU IN COM.A.A.NO.01/2024 (ANNEXURE-A) AND CONSEQUENTLY DISMISS COM.A.A NO.01/2024 PENDING ON THE FILES OF COURT OF THE LXXXIV ADDITIONAL CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT), AT BENGALURU AND DIRECT THE RESPONDENT TO APPROACH THE ARBITRAL TRIBUNAL CONSTITUED VIDE ORDER OF THIS HON'BLE HIGH COURT DATED 15^TH FEBRUARY 2024 AND

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PASS SUCH OTHER AND FURTHER ORDERS AS THIS HON'BLE HIGH COURT MAY DEEM FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY ANU SIVARAMAN J., DELIVERED THE FOLLOWING:

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5 - NC: 2024:KHC:18940-DB COMAP No. 139 of 2024

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JUDGMENT

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Heard the learned senior counsel appearing on either side at considerable length. In view of the fact that the Arbitrator has been appointed by consent of the parties and since it is an admitted case that there is an arbitration clause in the agreement entered into between the parties, we are of the opinion that it is for the Arbitrator to now consider the issue as to the interim protection to be granted in the matter. The appeal is therefore to be allowed.

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It is submitted by the learned senior counsel appearing for the appellant that the matter will not be precipitated on either side and alienation will not occur till the Arbitrator is approached and he takes a call on the application.

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It is submitted by the learned senior counsel appearing on either side that they have enquired with the Arbitrator and that he has agreed to hear them on any date. We therefore, fix 7^th June, 2024 as the date for appearance of the parties to appear before the Arbitrator at a time convenient to the Arbitrator. The application under Section 17 of the Arbitration

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and Conciliation Act, 1996 shall be filed on the said date with copies to be served to the opposing parties.

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It is recorded that the matter will not be precipitated and that no alienations will occur till the date of appearance of the parties before the Arbitration i.e. on 07.06.2024 or any further date that the Arbitrator may decide.

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Considering the contentions advanced on either side and

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in view of the submissions, the appeal shall stand allowed.

Sd/JUDGE

Sd/JUDGE

CHS

List No.: 1 Sl No.: 24

Machani Ramesh Heritage LLP v. Deepa Anil Kumar

Case brief

What is this about?

What did the court decide?

Machani Ramesh Heritage LLP v. Deepa Anil Kumar

Case brief

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What did the court decide?

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