Appeal under Section 37(1)(c) of the Arbitration and Conciliation Act against a judgment in a first appeal. The appeal had earlier been dismissed for non-compliance of office objections; that order was recalled, objections remained uncomplied, and the appeal was again dismissed.
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 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ MISCELLANEOUS FIRST APPEAL NO. 6237 OF 2018 (AA)
BETWEEN:
NO 302, EDEN PARK 20 VITTAL MALLYA ROAD, BENGALURU - 560001 REPRESENTED BY ITS PROPRIETOR MR MANOJ K GUPTA
…APPELLANT
(BY SRI. VINAY J S.,ADVOCATE)
AND:
Digitally signed by BS RAVIKUMAR Location: HIGH COURT OF KARNATAKA
(A UNIT OF M/S SAPHIRE MOTORS PRIVATE LIMITED )NO 36/2A,BMS FARMS, 13TH KM MYSORE ROAD, BENGALURU REPRESENTED BY ITS MANAGING DIRECTOR /CEO.
CHIKKABANAWARA, HESARAGHATTA MAIN ROAD, BENGALURU - 560095
…RESPONDENTS
THIS MFA IS FILED U/S 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND DECREE DATED. 28.04.2018, PASSED IN A.S. NO.37/2013, ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND C/C. OF VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-11).
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court on 06.11.2019 had dismissed the appeal
for non-compliance of office objections.
Thereafter, this Court on 28.02.2024 had recalled the
said order and again granted two weeks time to comply with the office objections.
Despite granting sufficient time, the office objections are not complied.
NC: 2024:KHC:12317 MFA No. 6237 of 2018
Hence, in view of the peremptory order dated
28.02.2024, the appeal is dismissed.
Sd/JUDGE
PHM List No.: 1 Sl No.: 6
1 provisions across 1 enactments
M/S RAMS ENTERPRISES
M/S BLUE HYUNDAI
MR RAHUL SHIRODKAR @ SAMEER SHAIK
MR VINODH KUMAR
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
