In MFA No. 4378 of 2024, the Karnatak High Court dismissed an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 against a Commercial Court order, holding it required to be a commercial appeal instead.
None; liberty given to file appropriate application as commercial appeal.
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NC: 2024:KHC:33943 MFA No. 4378 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4378 OF 2024 (AA)
BETWEEN:
NATIONAL HIGHWAY AUTHORITY OF INDIA PIU - MANGALORE, DOOR NO.3-29, BETHEL, THARETHOTA, NEAR PUMPWELL (NH-66), MANGALORE - 575 005. REPRESENTED BY ITS PROJECT DIRECTOR
…APPELLANT
(BY SRI. SHOBHITH N. SHETTY, ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
THIS MFA FILED U/S.37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT AND DECREE DT.02.04.2024 PASSED IN A.P.NO.147/2023 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND COMMERCIAL COURT, D.K, MANGALURU, DISMISSING THE PETITION FILED U/S.34 OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W SEC. 3G(6) OF NATIONAL HIGHWAYS ACT, 1956.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Aggrieved by the order passed in A.P.No.147/2023 dated 02.04.2024 by the IVth Additional District & Sessions Judge and Commercial Court, D.K.Mangaluru, the present appeal is filed.
NC: 2024:KHC:33943 MFA No. 4378 of 2024
the appeals are numbered as MFAs but even if the same is numbered as MFAs, due to oversight, as these appeals are arising out of the Commercial Courts and the order is passed by the Commercial Court, in the light of the circular, the appellant has to file a commercial appeal.
the appellant to file appropriate application.
All I.As. in this appeal shall stand closed.
SD/(LALITHA KANNEGANTI) JUDGE
MEG List No.: 1 Sl No.: 42
1 issue framed by the court
Whether an appeal numbered as MFA arising from a Commercial Court order permissible under Section 37 of Arbitration and Conciliation Act, 1996
NATIONAL HIGHWAY AUTHORITY OF INDIA PIU - MANGALORE (REPRESENTED BY ITS PROJECT DIRECTOR)
SRI.V.PURANDARA ALIAS V. PURANDARA BHANDARY
THE COMPETENT AUTHORITY & SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY - 66
THE DEPUTY COMMISSIONER & ARBITRATOR, DAKSHINA KANNADA DISTRICT
LALITHA KANNEGANTI
As recorded by the court registry
2 orders share this CNR
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