Dismissed

Abhishek Trivedi v. M/S. Sorting Hat Solutions Private Limited

Karnataka HC9 Aug 2024WP/4077/2024

Case brief

AI extract

What is this about?

Petitioner challenged a Commercial Court ad-interim order directing him to furnish security for an unutilized advance pending arbitration. The High Court noted proceedings before the Commercial Court had reached finality stage, rendering the petition infructuous, and observed that Section 13(2)(a) of the Commercial Courts Act provided an efficacious alternative remedy by way of appeal.

What the court decided

AI extract

Abhishek Trivedi Vs M/S. Sorting Hat Solutions Private Limited — Arbitration | Karnataka HC (2024)

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NC: 2024:KHC:32210 WP No. 4077 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 4077 OF 2024 (GM-RES)

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BETWEEN:

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ABHISHEK TRIVEDI, S/O. SHRI. PARITOSH TRIVEDI, AGED ABOUT 46 YEARS, R/O. BUNGALOW, NO.3, OM CONCLAVE, JHALAWAR ROAD, ANANTAPURA, KOTA (RAJASTHAN) – 324 005.

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(E-MAIL: [email protected]) …PETITIONER (BY SRI. MAHENDRA KUMAR., ADVOCATE AND SRI.GAURAV, ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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M/S. SORTING HAT SOLUTIONS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE AT MARUTHI INFOTECH CENTRE, 5^TH FLOOR, A BLOCK, DOMLUR, KORAMANGALA, INNER RING ROAD, BANGALORE – 560 071, REPRESENTED HEREIN BY ITS AUTHORIZED SIGNATORY, HARISH SASIKUMAR. (EMAIL [email protected]) …RESPONDENT (BY SRI. VIVEK B R., ADVOCATE AND SRI.KASHYAP N NAIK, ADVOCATE)

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NC: 2024:KHC:32210 WP No. 4077 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH AND SET - ASIDE THE IMPUGNED EX-PARTE AD-INTERIM ORDER DATED 21.12.2023 PASSED BY THE LEARNED JUDGE, COMMERCIAL COURT, BENGALURU (KARNATAKA) IN CASE NO.COM.A.A./0000515/2023 (CNR NO.KABC170031812923, M/S SORTING HAT SOLUTIONS PRIVATE LIMITED VS. ABHISHEK TRIVEDI AND FURTHER PLEASED TO DIRECT THE LEARNED COURT BELOW TO PASS AFRESH ORDER AFTER PROVIDING OPPORTUNITY OF HEARING TO THE PETITIONER AND AFTER CONSIDERING THE EVIDENCE IN DEFENCE BY THE PETITIONER.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner challenges the ad-interim order dated 21.12.2023, passed by the LXXXVII Additional City Civil and Sessions Judge (CCH-89), Commercial Court, Bengaluru, in Com.A.A. No. 515/2023, whereby the petitioner was directed to furnish security in the sum of Rs. 2,48,49,995/-, representing the unutilized advance paid by the respondent under the Educator Agreement dated 02.06.2022, pending the conclusion of the arbitration proceedings.

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The learned counsel for the respondent submits that the arguments in the matter before the Commercial Court have already been concluded by both parties, and the case is now reserved for pronouncement of the final order.

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NC: 2024:KHC:32210 WP No. 4077 of 2024

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Since the interim order has been in operation since 21.12.2023 and the proceedings have reached an advanced stage, the relief sought by the petitioner in this writ petition no longer survives for consideration. Moreover, the petition has become infructuous due to the subsequent developments.

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In addition to the above, it is noted that the petitioner has an efficacious alternative remedy available under Section 13(2)(a) of the Commercial Courts Act, 2015. The said provision provides for an appeal against an interim order passed by the Commercial Court, which can be availed by the petitioner instead of pursuing this writ petition.

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In light of the foregoing, the writ petition is dismissed as infructuous, without prejudice to the petitioner’s right to seek appropriate relief through an appeal as provided under the Commercial Courts Act.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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RKA

Abhishek Trivedi v. M/S. Sorting Hat Solutions Private Limited

Case brief

What is this about?

What the court decided

Abhishek Trivedi v. M/S. Sorting Hat Solutions Private Limited

Case brief

What is this about?

What the court decided

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