Commercial appeal concerning interim arbitration application; parties jointly sought appointment of Justice P. Krishna Bhat as Arbitrator after Justice H.N. Nagamohan Das became unavailable. Court appointed him subject to consent and disposed of the appeal.
Justice P. Krishna Bhat appointed as Arbitrator, subject to his consent.
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NC: 2024:KHC:27452-DB COMAP No. 159 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
COMMERCIAL APPEAL NO. 159 OF 2024
BETWEEN:
A REGISTERED PARTNERSHIP FIRMS
HAVING ITS REGISTERED OFFICE AT NO.230, 7TH MAIN, MEI LAYOUT NAGASANDRA POST, BENGALURU-560 073 REPRESENTED BY ITS PARTNER MR. PRAKASH G.H.
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
PARTNER OF HARSHA HOSPITAL
NC: 2024:KHC:27452-DB COMAP No. 159 of 2024
SUBASHNAGAR, BACKSIDE PWD QUARTERS NELAMANGALA TOWN
BENGALURU RURAL DISTRICT-562 123
…APPELLANTS
(BY SRI. BASAVARAJU S., SENIOR COUNSEL FOR SRI. TEJASVI K.V., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. T. KRISHNA, ADVOCATE FOR C/R1)
THE COMAP/COMMERCIAL APPEAL UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURTS ACT, 2015, R/W SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO CALL FOR RECORDS IN COM.A.A.No.01/2024 PENDING BEFORE THE XI ADDL.
DISTRICT AND SESSIONS JUDGE, (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU AND SET ASIDE THE ORDER DATED 23.02.2024 PASSED IN IA No.2 UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996 FILED BY THE APPELLANT BY ALLOWING THIS APPEAL AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
Heard Sri.Basavaraju S, the learned Senior counsel appearing for the appellant and learned counsel appearing for the respondent.
NC: 2024:KHC:27452-DB COMAP No. 159 of 2024
appeal is disposed of.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(ANANT RAMANATH HEGDE) JUDGE
RAK List No.: 1 Sl No.: 1
1 issue framed by the court
Whether Justice P. Krishna Bhat should be appointed Arbitrator in place of the previously agreed arbitrator who was unavailable.
3 provisions across 2 enactments
Harsha Hospital
G.H. Prakash
Sunanda
S. Manjunath
S. Pavithra
S. Shivakumar
Anu Sivaraman
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
