Commercial appeal under Section 37 of the Arbitration Act challenging dismissal of a Section 34 suit against an arbitral award. Parties settled, filing a joint memo with a settlement agreement; the court recorded the settlement and disposed of the appeal.
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NC: 2024:KHC:49088-DB COMAP No. 229 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH COMMERCIAL APPEAL NO. 229 OF 2021
BETWEEN:
BPL LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS CORPORATE OFFICE AT NO.64, CHURCH STREET, BANGALORE - 560 001 REP. BY ITS AUTHORISED SIGNATORY, KIRAN M L.
…APPELLANT
(BY SRI. KASHYAP N. NAIK, ADVOCATE)
AND:
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka
REACH DISTRIBUTORS (INDIA) PRIVATE LIMITED, 603, ANSAL KRSNA II, ADUGODI, HOSUR ROAD, BANGALORE - 560 040, REPRESENTED ITS MANAGING DIRECTOR, MR. RICKY GOSAIN.
…RESPONDENT
(BY SRI. PRASHANTH POPAT, ADVOCATE)
THIS COMAP IS UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 18/10/2021, PASSED BY THE HON'BLE COURT OF THE LXXXII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-83) IN COMM.A.S.NO. 35/2018 AND CONSEQUENTLY SET ASIDE THE IMPUGNED AWARD DATED 16/11/2017, PASSED BY THE HON'BLE ARBITRAL TRIBUNAL IN AC NO. 132/2016, ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND
HON'BLE MR JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
Learned counsel for the parties filed a joint memo along with the copy of settlement agreement dated 27.11.2024, which has been signed on behalf of the appellant and the respondent and their counsel.
2. The joint memo reads as under:
“The appellant and Respondent respectfully and jointly submit as follows:
1. The above dispute has arisen pursuant to arbitration proceedings in Arbitration Case No.132/2016 (“Arbitration”), presided by Learned Arbitrator Justice V Jagannathan (Retd). The dispute in the said proceedings pertained to three Agreements dated 17/10/2008, 30/01/2009 and 26/02/2015 (“Agreements”) executed between the
Appellant and Respondent. The Appellant filed its Claim Statement, and the Respondent preferred a Counter Claim. By an Award dated 16/11/2017 the Arbitrator dismissed the claim of the Appellant. The Arbitrator also dismissed the counter claim of the Respondent.
2. Aggrieved by the said Award, the Appellant challenged the same under Section 34 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) before the District Commercial Court, Bengaluru, in Comm AS No.35/2018 (“Arbitration Suit”). By Order dated 18/10/21, the Commercial Court declined to interfere with the Award and consequently dismissed the Arbitration Suit.
3. Aggrieved by the Order dated 18/10/2021 passed by the District Commercial Court, Bengaluru, the Appellant filed the above Appeal under Section 37 of the Arbitration Act.
4. Meanwhile, the Appellant and Respondent pursued settlement discussions, and as a result, have mutually arrived at an understanding to forgo all claims against each other, subject to the Appellant paying Rs.1,00,000/- (Rupees One Lakh only) to the Respondent, towards cost of the Arbitration proceedings. This understanding is reduced
in writing as per the Settlement Agreement dated 27/11/2024.
Copy of the Settlement Agreement dated 27/11/2024 is produced herewith for the kind consideration of this Hon’ble Court.
5. The Appellant has paid the aforesaid sum of Rs.1,00,000/- (Rupees One Lakh only) to the Respondent, which is acknowledged by the Respondent. In light thereof, the Parties have agreed that all disputes between them, arising from the aforesaid Agreements, have been mutually, voluntarily, and amicably settled, fully and finally and that no further claims are due. The Parties had also agreed that all pending petitions / claims / appeals/ complaints would be withdrawn in view of the settlement. Hence this Joint Memo.
Wherefore, it is respectfully prayed that this Hon’ble Court be pleased to record the factum of settlement of the above dispute between the Appellant and Respondent in terms of the Settlement Agreement dated 27/11/2024 and pass necessary orders as this Hon’ble Court deems fit.”
3. The prayer in the memo is that, this Court may
record the factum of the settlement of dispute between the
parties in terms of the settlement agreement dated 27.11.2024.
6. The appeal is disposed of.
Sd/(V KAMESWAR RAO) JUDGE
Sd/(S RACHAIAH) JUDGE
SMC List No.: 1 Sl No.: 19
3 provisions across 2 enactments
BPL LIMITED
REACH DISTRIBUTORS (INDIA) PRIVATE LIMITED
V KAMESWAR RAO
S RACHAIAH
As recorded by the court registry
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