Commercial appeal against an arbitration award was disposed of after the parties settled their dispute through mediation at the Karnataka Mediation Centre; the memorandum of settlement signed by both parties was taken on record and they were held bound by its terms.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH COMMERCIAL APPEAL NO. 236 OF 2022
BETWEEN:
M/S. AHLUWALIA CONTRACTS (INDIA) LTD. [A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT ‘AHULUWALIA HOUSE’ 4, COMMUNITY CENTRE, SAKET SHOPPING COMPLEX SAKET, NEW DELHI-110 017
HAVING ITS BENGALURU OFFICE AT:
NO.64, 9TH MAIN, 14TH CROSS, INDIRANAGAR, 2ND STAGE, BANGALORE -560 038, Digitally REP. BY HIERE IN BY ITS signed by K G AUTHORISED REPRESENTATIVE RENUKAMBA MR. VENUGOPAL .N. Location: …APPELLANT High Court of (BY MS. RAKSHITH PAI, ADVOCATE Karnataka FOR SRI. SUNDARA RAMAN .M .V, ADVOCATE)
AND:
M/S. KIRBY BUILDING SYSTEMS AND STRUCTURES PVT. LTD., (FORMERLY KNOWN AS KIRBY BUILDING SYSTEMS INDIA (UTTARANCHAL) PVT. LTD., (A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT PLOT NO.2, SECTOR 11, II-E SIDCUL HARIDWAR, UTTARKAND -249 403,
HAVING ITS BENGALURU OFFICE AT:
”ABHAYA” NO.64, 10TH MAIN, HMT LAYOUT, R T NAGAR, BENGALURU -560 032, REPRESENTED HEREIN BY IS REGIONAL MANAGER SALES MR. SUDHIR SHINDE.
…RESPONDENT
(BY SRI. RISHAB D. DESAI, ADVOCATE)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURT ACT, 2015 R/W SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT DATED 16/02/2022 PASSED BY LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU IN COMMERCIAL ARBITRATION SUIT NO. 100/2019 AND CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD DATED 19/03/2019 PASSED BY THE ARBITRAL TRIBUNAL COMPRISING OF JUSTICE ANAND BYRAREDDY IN A.C.NO. 99/2018 AND ETC.
THIS APPEAL COMING ON FOR ORDERS 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)
On 13.08.2024, the parties were referred to the mediation process under the aegis of Karnataka Mediation Centre, Bangalore.
the parties herein shall be bound by the terms of the settlement.
settled.
consideration and stands disposed of.
Sd/(V KAMESWAR RAO) JUDGE
Sd/(S RACHAIAH) JUDGE
SMC
List No.: 1 Sl No.: 10
2 provisions across 2 enactments
M/S. AHLUWALIA CONTRACTS (INDIA) LTD.
M/S. KIRBY BUILDING SYSTEMS AND STRUCTURES PVT. LTD., (FORMERLY KNOWN AS KIRBY BUILDING SYSTEMS INDIA (UTTARANCHAL) PVT. LTD.)
V KAMESWAR RAO
S RACHAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
