Commercial appeal challenging an arbitral award and appellate award in a securities arbitration matter was dismissed for non-prosecution, as neither counsel nor appellant complied with office objections raised six times.
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NC: 2024:KHC:19887-DB COMAP No. 364 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
COMMERCIAL APPEAL NO. 364 OF 2023
BETWEEN:
MR. H.L. NAGARAJA S/O LATE LAKSHMIPATHAIAH AGED ABOUT 73 YEARS R/AT NO.212, III STAGE II BLOCK, BASAVESHWARANAGAR BANGALORE-560079.
Digitally signed by SUMATHY KANNAN
Location: High Court of Karnataka
(BY SRI. MITHUN S K - ADVOCATE)
AND:
…APPELLANT
COMPRISING OF THE FOLLOWING ARBITRATORS
(III) SRI P ANAND, ARBITRATOR.
COMPRISING OF THE
FOLLOWING ARBITRATORS
C/O REGIONAL ARBITRATION CENTRE 8TH FLOOR, ARIHANT NITCO PARK DR RADHAKRISHNAN SALAI CHENNAI-600004.
…RESPONDENTS
THIS COMAP FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURT ACT 2015 R/W SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO SET ASIDE THE ORDER DATED 28/07/2023 IN COM.A.P.NO. 81/2020 PASSED BY LXXXVI ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BANGALORE (CCH-87) IN COMMERCIAL COURT VIDE ANNEXURE-A AND ALSO SET ASIDE THE ARBITRAL AWARD DATED 20/3/2014 PASSED BY THE RESPONDENT NO.4 IN ARBITRATION MATTER NO. CH001/2003 AND THE APPELLATE AWARD DATED 4/12/2014 PASSED BY RESPONDENT NO.5 IN ARBITRATION APPEAL NO.CH001/ 2003-1 AND CONSEQUENTLY ALLOW THE CLAIM PETITION OF THE APPELLANT WITH COST AND SUCH OTHER RELIEFS.
THIS COMAP, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
None appear for the appellant.
Office has raised objection regarding non-compliance
of objections for 6th time. Neither the counsel nor the
NC: 2024:KHC:19887-DB COMAP No. 364 of 2023
appellant is diligent or vigilant to cure the defects under
curial law.
Hence, appeal is dismissed for non-prosecution.
Sd/JUDGE
Sd/JUDGE
RJ
2 provisions across 2 enactments
Mr. H.L. Nagaraja
M/s Yekayes Financial Consultant & Investments Limited
M/s L K S Murthy and Company Limited
Sri Krishnamurthy S Lokkur
Arbitration Panel constituted by the NSE of India Ltd
Appellate Tribunal constituted by the NSE of India Ltd
K. Somashekar
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
