Smt.Jayashree N Kumar Vs M/S. Kavi Basaveshwara Silk Traders

BOTH 3 & 4 ARE R/AT: WALBRIDGE CLUSTERS APARTMENT, FLAT NO. FF6, SURVEY NO. 24/16-B2, OPP: STATE BANK OF MYSORE PAPAREDDY PALYA, NAGARBHAVI 2^ND STAGE, BENGALURU-560 072.

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SMT. K.S. REVARATHNAMMA, W/O. SRI.K.S. SHIVARUDRASWAMY, AGED MAJOR, "ANUGRAHA" NO. 1630/60, 6^TH "A" MAIN ROAD, HAMPINAGAR, VIJAYANAGAR II STAGE, BENGALURU-560 104.

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…RESPONDENTS

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THIS MFA IS FILED UNDER SECTION 37(2)(b) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO SET ASIDE THE ORDER DATED 17.03.2025 PASSED IN A.C.NO.685/2023 BY THE SOLE ARBITRATOR BEFORE ARBITRATION AND CONCILIATION CENTRE, BENGALURU, DISMISSING THE APPLICATION FILED U/O.11 RULE 5 OF CPC.

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

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3 - NC: 2025:KHC:19762-DB MFA No. 2944 of 2025

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HC-KAR

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CORAM: HON'BLE MR V KAMESWAR RAO ,ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI

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ORAL JUDGMENT

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

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Learned counsel for the appellants has filed a memo for withdrawal of the appeal and the same reads as under:

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"The above appeal filed on 15-04-2025 under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, is directed against the order dated 17-03-2025 of the learned Arbitrator rejecting the application under Order 16 Rule 5 r/w Section 151 CPC for summoning the documents from the custody of respondents 1, 2 and 4.

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It is submitted that, in view of definition of 'Court' under Section 2(e) of the Act, the appeal is maintainable in the instant case before the Commercial Court, since the dispute is in respect of the accounts of a partnership firm, is a commercial dispute as per Section 2(c) (xv) having the Specified Value exceeding Rs. 3 lakhs in terms of Section 2(i) of the Commercial Courts Act.

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In view of the above, the appellants may kindly be permitted to withdraw the above appeal with liberty to file an appeal before the Commercial Court, Bengaluru. The appellants may kindly be given the benefit of Section 14 of the Limitation Act, 1963.

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4 - NC: 2025:KHC:19762-DB MFA No. 2944 of 2025

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HC-KAR

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The Registry of this Hon'ble Court may kindly be directed to return the certified copy of the impugned order dated 17.03.2025, on furnishing a photocopy of the same. Hence, this memo."

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2. Memo is taken on record.

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Accordingly, the appeal is dismissed as

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withdrawn.

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Suffice to state that if any proceedings are initiated by the appellants herein before the concerned Court, the appellants shall be entitled to the benefit of Section 14 to the Limitation Act for the period between the date of filing and the date of withdrawal of the appeal.

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Additionally, as prayed for, certified copy of the impugned order dated 17.03.2025 be returned to the counsel for the appellant on his furnishing a photocopy of the same which shall be kept on record.

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