Smt.Jayashree N Kumar v. M/S Parvathi Silk Kendra
Case brief
What is this about?
Keywords: withdrawal of appeal under Section 37(2)(b) Arbitration and Conciliation Act, 1996; maintainability of Section 37 appeal before Commercial Court; commercial dispute - accounts of partnership firm; Section 2(c)(xv) and Section 2(i) Commercial Courts Act; specified value Rs.3 lakhs; benefit of Section 14 Limitation Act, 1963 on withdrawal and refiling; Order 16 Rule 5 r/w Section 151 CPC / Order 11 Rule 5 CPC application to summon documents from respondents; return of certified copy of arbitrator's order dated 17.03.2025 in A.C.No.686/2023; IA.No.1/2025 stay disposed; Karnataka HC Bengaluru; NC: 2025:KHC:19761-DB; coram V Kameswar Rao ACJ and C M Joshi J.
What did the court decide?
Appeal dismissed as withdrawn; if the appellants initiate proceedings before the concerned Court, they are entitled to the benefit of Section 14 of the Limitation Act, 1963 for the period between the date of filing (15-04-2025) and the date of withdrawal; certified copy of the impugned order dated 17.03.2025 to be returned to appellant's counsel on furnishing a photocopy; IA.No.1/2025 (stay) disposed of as not surviving.