Railway's appeal under Section 37 against dismissal of its Section 34 challenge to an arbitral award was dismissed as withdrawn on a memo stating the dispute was settled under the Vivade Vishwas Scheme.
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NC: 2024:KHC:52502-DB MFA No. 1005 of 2021
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
MFA NO. 1005 OF 2021 (AA)
BETWEEN:
UNION OF INDIA, REPRESENTED BY, CHIEF ADMINISRTATOR, OFFICER (CONSTRUCTIONS), SOUTH WESTERN RAILWAY, BENGALURU CANTONMENT, BENGALURU -560 046.
…APPELLANT
(BY SRI. ABHINAY Y.T., ADVOCATE)
AND:
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka
A) EAGLE EARTH MOVERS, REP BY ITS SOLE PROPRIETOR, U R SUBRAMANIAM, SON OF RAMASWAMY, AGE ABOUT 57 YEARS,
#14 SCS COMPLEX, SOUTH CAR STREET, TIRECHENGODU NAMKAL, TAMIL NADU - 637 211.
B) MP CONSTRUCTION CO, REP BY ITS SOLE PROPRIETOR, M PADMANABHAN, SON OF MANICKAM, AGE ABOUT 56 YEARS, NO 10 JAI NAGAR, 3RD STREET, ARUMBAKKAM, CHENNAI TAMILNADU - 600 106.
…RESPONDENTS
(BY SRI. CHANDRASHEKAR REDDY K P, ADVOCATE FOR R1(A & B)-SERVED UN-REPRESENTED, NOTICE TO R2 TO R4 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AGAINST THE JUDGMENT AND DECREE DATED 13.02.2020 PASSED IN AS.NO.163/2015 ON THE FILE OF THE XXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE ARBITRATION SUIT FILED UNDER SECTION 34 OF ARBITRATION AND CONCILIATION ACT.
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)
Mr. Abhinay Y.T, learned counsel for the appellant
has filed a memo for withdrawal of the appeal. The memo reads as under:
“It is submitted that the dispute
between the parties has been settled under Vivade Vishwas Scheme. Hence, the appeal may be dismissed as withdrawn.
WHEREFORE, it is prayed that
this Hon’ble Court may kindly be pleased to take this memo on record
and dismiss the appeal as withdrawn, in the interest of justice and equity.”
In view of memo, the appeal is dismissed as
withdrawn.
Sd/(V KAMESWAR RAO) JUDGE
Sd/(S RACHAIAH) JUDGE
SMC List No.: 1 Sl No.: 8
2 provisions across 1 enactments
Union of India, represented by Chief Administrator, Officer (Constructions), South Western Railway, Bengaluru
M/s Eagle-MPCC (JV)
Vijay Agarwal, Presiding Arbitrator
Manoj Joshi, Co-Arbitrator
Raju Kancharia, Co-Arbitrator
V KAMESWAR RAO
S RACHAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
