Dismissed¶34

Sri.Sridhar Gundappa Gowda v. M/S. Shubodini Enterprises

Arbitration and Conciliation Act, 1996 – S.37(2)(b)

Karnataka HC11 Jun 2025MFA/3589/2025

Download

Case brief

AI extract

What is this about?

MFA No. 3589 of 2025 (AA), High Court of Karnataka, decided 11.06.2025; withdrawal of appeal under S.37(2)(b) Arbitration and Conciliation Act, 1996; maintainability raised but not adjudicated; liberty to approach Commercial Court, Bengaluru; benefit of Section 14 Limitation Act; return of certified copies by 16.06.2025; impugned order by Sole Arbitrator Vishwanath V. Angadi on I.A.No.5 in Arbitration Case No. 262/2024 dated 16.04.2025.

What did the court decide?

Appeal dismissed as withdrawn with liberty to approach the Commercial Court, Bengaluru within one week from 16.06.2025; benefit of Section 14 of the Limitation Act for the period the appeal was pursued in this Court; return of certified copies of documents filed. ¶34

Sri.Sridhar Gundappa Gowda Vs M/S. Shubodini Enterprises — Arbitration | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶34

Issue for consideration

Whether the appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 was maintainable before this Court (raised by learned counsel for the appellant; not adjudicated, as the appeal was permitted to be withdrawn).

¶33

Ratio / Principle

The Miscellaneous First Appeal was dismissed as withdrawn, counsel for the appellant having stated that the appeal is not maintainable in this Court and that he would approach the Commercial Court, Bengaluru.

¶34

Key takeaways

The appellant is entitled to the benefit of Section 14 of the Limitation Act for the period during which he was pursuing this appeal in this Court.ratio¶36
The Registry was directed to return the certified copies (if any) of the documents filed, replacing them with photocopies, on or before 16.06.2025.ratio¶35
The one-week period for the appellant to approach the Commercial Court, Bengaluru runs from Monday (16.06.2025), when his counsel is given the certified copies of the documents filed along with the appeal.

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 - S.37(2)(b) - Miscellaneous First Appeal against order dated 16.04.2025 passed on I.A.No.5 in Arbitration Case No. 262/2024 by Sole Arbitrator Sri Vishwanath V. Angadi, Arbitration and Conciliation Center, Bengaluru - Counsel for appellant stated the appeal was not maintainable before this Court and sought withdrawal to approach the Commercial Court, Bengaluru - Appeal dismissed as withdrawn; maintainability not adjudicated - Appellant held entitled to benefit of S.14 of the Limitation Act for the period the appeal was pursued - Registry directed to return certified copies, replaced with photocopies, on or before 16.06.2025 - One-week period to run from 16.06.2025.

¶1

¶2

NC: 2025:KHC:20002-DB MFA No. 3589 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF JUNE, 2025

¶5

PRESENT

¶6

THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND

¶7

THE HON'BLE MR JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 3589 OF 2025 (AA)

¶8

BETWEEN:

¶9

SRI SRIDHAR GUNDAPPA GOWDA AGED ABOUT 56 YEARS S/O GUNDAPPA GOWDA R/AT NO. 98-99, 2^ND MAIN ROAD KUMABARAKOPPAL MYSORE - 570 009

¶10

…APPELLANT

¶11

(BY SRI VARDHAMAN V. GUNJAL, ADVOCATE)

¶12

AND:

¶13

Digitally signed by VASANTHA KUMARY B K Location: High Court of Karnataka

¶14

M/S. SHUBODINI ENTERPRISES PLOT NO. 442, SURVEY NO. 143/P HEBBAL INDUSTRIAL AREA HEBBAL GRAMA, KASABA HOBLI MYSORE TALUK MYSORE - 570 009

¶15

REPRESENTED BY ITS MANAGING PARTNERS,

¶16

(i) SRI M. H. ABHISHEKH HEGDE (ii) SRI M.H. ABHIJIT HEGDE

¶17

¶18

NC: 2025:KHC:20002-DB MFA No. 3589 of 2025

¶19

HC-KAR

¶20

M.H. ABHISHEK HEGDE

¶21

S/O SRI M.D. HARISHKUMAR HEGDE R/AT NO. 2898/CH-3/A I CROSS, PAMPAPATHI ROAD CHAMARAJA MOHALLA MYSORE - 570 009

¶22

M.H. ABHIJIT HEGDE

¶23

S/O SRI M.D. HARSIH KUMAR HEGDE R/AT NO. 2898/CH-3/A I CROSS, PAMPAPATHI ROAD, CHAMARAJA MOHALLA MYSORE - 570 009

¶24

…RESPONDENTS

¶25

THIS MFA IS FILED UNDER SECTION 37(2)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE ORDER PASSED ON I.A.NO.5 IN ARBITRATION CASE NO. 262/2024 BY THE SOLE ARBITRATOR SRI VISHWANATH V. ANGADI (FORMER CITY CIVIL AND SESSIONS JUDGE) AT ARBITRATION AND CONCILIATION CENTER, BENGALURU (DOMESTIC AND INTERNATIONAL) DATED 16.04.2025 AND DISMISS, I.A.NO.5 FILED BY THE RESPONDENT.

¶26

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

¶27

¶28

NC: 2025:KHC:20002-DB MFA No. 3589 of 2025

¶29

HC-KAR

¶30

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

¶31

ORAL JUDGMENT

¶32

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

¶33

Mr. Vardhaman V. Gunjal, learned counsel for the appellant states that as this appeal is not maintainable in this Court, he shall withdraw the appeal and approach the Commercial Court, Bengaluru, in accordance with law, within one week. He seeks return of the certified copies of the documents (if any) filed along with the appeal.

¶34

Dismissed as withdrawn.

¶35

The Registry shall return the certified copies (if any) of the documents which have been filed by replacing the same with the photocopies on or before 16.06.2025.

¶36

It goes without saying that the appellant shall be entitled to the benefit of Section 14 of the Limitation Act for the period during which he was pursuing this appeal in this Court.

¶37

¶38

NC: 2025:KHC:20002-DB MFA No. 3589 of 2025

¶39

HC-KAR

¶40

It is also made clear that one week shall start running from Monday (16.06.2025) when the learned counsel for the appellant is given the certified copies of the documents (if any) filed along with this appeal.

¶41

Sd/(V KAMESWAR RAO) ACTING CHIEF JUSTICE

¶42

Sd/(C M JOSHI) JUDGE

¶43

BKV List No.: 1 Sl No.: 53

Sri.Sridhar Gundappa Gowda v. M/S. Shubodini Enterprises

Case brief

What is this about?

What did the court decide?

Sri.Sridhar Gundappa Gowda v. M/S. Shubodini Enterprises

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

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

Cuddapah Sri Paramahamsa Sachidananda Yogeeshwar'S Mathalayam Trust Regd Vs Dhanalaxmi

M/S. Creative Infotech Vs M/S Mahathru Technologies

Smt H B Apparanjammanni Vs J Manjunath

Sri Soora Handa Vs Sri Shreekantha Hegde

Sri.Sridhar Gundappa Gowda Vs M/S Shubodini Enterprises