The court disposed of the commercial appeal filed to set aside an arbitral award and the subsequent judgment, on the terms that the appellant would vacate the premises within 18 months and pay rents as per the award.
Appeal disposed of on terms that appellant shall vacate premises within 18 months and pay rents as per the arbitral award.
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NC: 2024:KHC:6100-DB COMAP No. 38 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. P.S.DINESH KUMAR, CHIEF JUSTICE AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
COMAP NO. 38 OF 2024
BETWEEN:
Digitally signed by ANUSHA V Location: High Court of Karnataka
…APPELLANT
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI RAJESWARA P.N., ADVOCATE)
AND:
…RESPONDENT
(BY SRI P.S. RAJAGOPAL, SENIOR ADVOCATE FOR SRI K.V. MAHESH, ADVOCATE)
NC: 2024:KHC:6100-DB COMAP No. 38 of 2024
THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE JUDGMENT DATED 27/01/2024 IN COM. ARBITRATION PETITION NO. 211/2023 PASSED BY THE HON’BLE COURT OF LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH NO. 87), BENGALURU; AND CONSEQUENTLY, SET ASIDE THE ARBITRAL AWARD DATED 29/09/2023 IN A.C.NO.373/2022 PASSED BY THE HON’BLE SOLE ARBITRATOR & ETC.
THIS COMAP, COMING ON FOR ADMISSION, THIS DAY, CHIEF JUSTICE , DELIVERED THE FOLLOWING:
JUDGMENT
This commercial appeal is filed to set aside the judgment dated January 27, 2024 in Com. Arbitration Petition No. 211/2023 passed by LXXXVI Additional City Civil and Sessions Judge, Bengaluru (CCH No. 87), Bengaluru as also to set aside the Arbitral Award dated September 29, 2023 in A.C.No.373/2022 passed by the Hon’ble Sole Arbitrator.
for the appellant and Shri P.S.Rajagopal, learned Senior Advocate for the respondent.
NC: 2024:KHC:6100-DB COMAP No. 38 of 2024
appellant sought for two years’ time to the appellant to vacate the premises.
Court that 18 months’ time would be fair and appropriate. Both sides agree to this suggestion.
Accordingly, commercial appeal stands disposed of.
NC: 2024:KHC:6100-DB COMAP No. 38 of 2024
In view of disposal of the appeal, pending interlocutory
applications, if any, do not survive for consideration and they stand disposed of.
No costs.
Sd/CHIEF JUSTICE
Sd/-
JUDGE
KPS List No.: 1 Sl No.: 59
2 issues framed by the court
Whether the commercial appeal filed to set aside the arbitral award and the judgment of the court below is maintainable and entitled to allow?
What is the appropriate timeline for the appellant to vacate the premises and pay rents as per the award to dispose of the appeal?
2 provisions across 2 enactments
M/S ESSENTIAL HOSPITAL
MR. HARSHAVARDHAN
P.S.DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
