Dismissed

M/S. Pg Setty Construction Technology Pvt. Ltd., v. the Managing Director

Karnataka HC2 Sept 2024WA/802/2023

Case brief

AI extract

What is this about?

Writ appeal against a single judge's order permitting invocation of a bank guarantee. Following the appellant's memo, the appeal was dismissed as withdrawn with liberty to seek remedies, including review before the learned Single Judge, since the underlying dispute was referable to arbitration.

What did the court decide?

Appeal dismissed as withdrawn with liberty to approach the learned Single Judge in accordance with law.

M/S. Pg Setty Construction Technology… — Contract and Commercial Disputes | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:35588-DB WA No. 802 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 2^ND DAY OF SEPTEMBER, 2024

¶5

PRESENT

¶6

THE HON'BLE MR JUSTICE V KAMESWAR RAO

¶7

AND

¶8

THE HON'BLE MR JUSTICE RAJESH RAI K

¶9

WRIT APPEAL NO. 802 OF 2023 (GM-RES)

¶10

BETWEEN:

¶11

Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA

¶12

M/S. PG SETTY CONSTRUCTION TECHNOLOGY PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING OFFICE AT NO.74, SANDESH ARCADE, 3^RD FLOOR, SAHUKAR CHENNAIAH ROAD, 17^TH MAIN, KUVEMPUNAGAR NORTH, SARASWATHIPURAM, MYSURU-570 009.

¶13

PRESENTLY HAVING OFFICE AT PLOT NO. 32, PG SETTY PRECAST YARD, JK TYRE-PREETHI GARDEN ROAD, HEBBAL INDUSTRIAL AREA, MYSURU-570 016 REPRESENTED BY ITS MANAGING DIRECTOR, SR.M.G. SOMASHEKAR.

¶14

…APPELLANT

¶15

(BY SRI. SUNIL S RAO, ADVOCATE FOR SRI. T. SESHAGIRI RAO, ADVOCATE)

¶16

¶17

NC: 2024:KHC:35588-DB WA No. 802 of 2023

¶18

AND:

¶19

THE MANAGING DIRECTOR KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT, A CORPORATION WHOLLY OWNED BY THE GOVERNMENT OF KARNATAKA HAVING OFFICE AT NO.59, RICHMOND ROAD, (GEN. K.G. THIMMAYYA ROAD) BENGALURU-560 002.

¶20

THE EXECUTIVE ENGINEER CONTRACTS, KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT, A CORPORATION WHOLLY OWNED BY THE GOVERNMENT OF KARNATAKA HAVING OFFICE AT NO. 59, RICHMOND ROAD, (GEN. K.G. THIMMAYYA ROAD) BENGALURU-560 002.

¶21

ASSISTANT GENERAL MANGER CANARA BANK, MID CORPORATE BRANCH, MYSURU-570 017.

¶22

…RESPONDENTS

¶23

(BY SRI. PRAKASH G PAWAR, ADVOCATE FOR C/R1 & R2)

¶24

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 02/06/2023 ONE PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.753/2023, WHICH WAS A WRIT PETITION FILED BY THE APPELLANT HEREIN AGAINST THE RESPONDENTS HEREIN AND CONSEQUENTLY, PASS NECESSARY ORDERS TO ALLOW THE WRIT PETITION.

¶25

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶26

CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and

¶27

HON'BLE MR JUSTICE RAJESH RAI K

¶28

¶29

NC: 2024:KHC:35588-DB WA No. 802 of 2023

¶30

ORAL JUDGMENT

¶31

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

¶32

Learned counsel for the appellant has filed a memo dated 02.09.2024, which reads as under:

¶33

"The counsel for the Appellant humbly submits as follows:

¶34

It is submitted that, the current writ Appeal has been filed by the unsuccessful Writ Petitioner being aggrieved against the order permitting the invocation of the bank guarantee by the Respondent Corporation under the impugned order dated 02.06.2023 one passed by the learned Single Judge in W.P.No.753/2023.

¶35

It is submitted that, immediately subsequent to passage of the impugned order between 02.06.2023 to 05.06.2023 the bank guarantee issued by the current appellant were invoked by the Respondent corporation which has thus lead to a contractual breach of the matter and owing to the presence of a arbitration clause the said dispute requires to be resolved vide arbitration. However, since the matter involves certain remarks rendered by the learned by the learned single judge at Para 11, 12 and 16, this court be pleased to grant leave to the current Appellant to withdraw the current Appeal to address the said grievance before the learned Single Judge in

¶36

¶37

NC: 2024:KHC:35588-DB WA No. 802 of 2023

¶38

form of a Review Petition and consequent remedies available under law if necessitated thereto.

¶39

Hence, the said memo be taken on record and the Appellant be grant leave to file a memorandum of Review Petition before the Learned Single Judge to meet the ends of the justice and equity."

¶40

In view of the contents of the memo, the appeal is

¶41

dismissed as withdrawn with liberty to the appellant to approach the learned Single Judge in accordance with law.

¶42

Sd/(V KAMESWAR RAO) JUDGE

¶43

Sd/(RAJESH RAI K) JUDGE

¶44

¶45

List No.: 1 Sl No.: 9

M/S. Pg Setty Construction Technology Pvt. Ltd., v. the Managing Director

Case brief

What is this about?

What did the court decide?

M/S. Pg Setty Construction Technology Pvt. Ltd., v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

The Union of India Vs Jayashree Narain

Sri S Jagannathan Vs the Union of India

Member Secretary and Chief Executive Officer, Central Silk Board Vs Sri R K Venkatesh

The Central Provident Fund Commissioner Vs S. Govindappa

Sri T S Madhuranath Vs Sir M Visesvaraya Co. Operative Bank Ltd.

M/S Deemanth Ceramics Pvt. Ltd. Vs the Karnataka Bank Ltd.