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

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

What the court decided

AI extract

Outcome

No relief on merits; appeal dismissed as withdrawn. Ancillary directions: Registry to return certified copies (replaced with photocopies) on or before 16.06.2025; appellant entitled to benefit of Section 14 of the Limitation Act for the period the appeal was pursued in this Court; one week to approach the Commercial Court, Bengaluru, runs from 16.06.2025.

Issue for consideration

Whether the Miscellaneous First Appeal under Section 37(2)(b) of the Arbitration and Conciliation Act challenging the arbitrator's order was maintainable before the High Court of Karnataka.

Court's answer

The appeal is dismissed as withdrawn; learned counsel for the appellant stated that the appeal was not maintainable in this Court and that he would approach the Commercial Court, Bengaluru, in accordance with law.

Ratio / Principle

The Registry shall return the certified copies (if any) of the documents filed, replacing them with photocopies, on or before 16.06.2025.

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¶47
The one-week period for approaching the Commercial Court, Bengaluru, starts running from Monday (16.06.2025), when the learned counsel for the appellant is given the certified copies of the documents filed along with the appeal.ratio¶51

Detailed headnote1 paragraphs

High Court of Karnataka (Oral Judgment by V Kameswar Rao, Acting Chief Justice; bench incl. C M Joshi, Judge), 11.06.2025: MFA No. 3592 of 2025 (AA) filed under Section 37(2)(b) of the Arbitration and Conciliation Act by Sri Sridhar Gundappa Gowda against M/s. Shubodini Enterprises and others, challenging the order dated 16.04.2025 passed on I.A.No.7 in A.C.No. 262/2024 by Sole Arbitrator Sri Vishwanath V Angadi at the Arbitration and Conciliation Center, Bengaluru (Domestic and International), and praying to allow I.A.No.7 filed by the claimant — DISMISSED AS WITHDRAWN. Learned counsel stated the appeal was not maintainable in this Court and undertook to approach the Commercial Court, Bengaluru, within one week. Registry directed to return certified copies (replaced with photocopies) on or before 16.06.2025; appellant entitled to the benefit of Section 14 of the Limitation Act for the period the appeal was pursued; the one-week period runs from 16.06.2025.

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NC: 2025:KHC:19999-DB MFA No. 3592 of 2025

HC-KAR

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

PRESENT

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

THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 3592 OF 2025 (AA)

BETWEEN:

SRI SRIDHAR GUNDAPPA GOWDA

AGED ABOUT 56 YEARS

S/O. GUNDAPPA GOWDA R/AT NO. 98-99, 2ND MAIN ROAD KUMABARAKOPPAL

MYSORE - 570 009.

…APPELLANT

(BY SRI VARDHAMAN V. GUNJAL, ADVOCATE)

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

AND:

M/S. SHUBODINI ENTERPRISES

PLOT NO. 442, SURVEY NO. 143/P

HEBBAL INDUSTRIAL AREA

HEBBAL GRAMA, KASABA HOBLI

MYSORE TALUK, MYSORE-570 009. REPRESENTED BY ITS MANAGING PARTNERS,

(i) SRI M. H. ABHISHEKH HEGDE

(ii) SRI M.H. ABHIJIT HEGDE

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NC: 2025:KHC:19999-DB MFA No. 3592 of 2025

HC-KAR

M. H. ABHISHEK HEGDE 2. S/O. SRI M. D. HARSIHKUMAR HEGDE R/AT NO. 2898/CH-3/A, I CROSS PAMPAPATHI ROAD CHAMARAJA MOHALLA

MYSORE - 570 009.

M.H.ABHIJIT HEGDE

MAJOR

S/O. M.D.HARISHKUMAR HEGDE R/A. NO.2898/CH-3/A, I CROSS, PAMPAPATHI ROAD CHAMRAJA MOHALLA

MYSORE - 570 009.

…RESPONDENTS

THIS MFA IS FILED UNDER SECTION 37(2)(b) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO SET ASIDE THE ORDER PASSED ON I.A.NO.7 IN A.C.NO. 262/2024 BY THE SOLE ARBITRATOR SRI VISHWANATH V ANGADI (FORMER PRINCIPAL CITY CIVIL AND SESSIONS JUDGE), AT ARBITRATION AND CONCILIATION CENTER, BENGALURU (DOMESTIC AND INTERNATIONAL) DATED 16.04.2025, AND ALLOW I.A.NO.7, FILED BY THE CLAIMANT.

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

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NC: 2025:KHC:19999-DB MFA No. 3592 of 2025

HC-KAR

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

ORAL JUDGMENT

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

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.

2. Dismissed as withdrawn.

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.

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.

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NC: 2025:KHC:19999-DB MFA No. 3592 of 2025

HC-KAR

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.

Sd/(V KAMESWAR RAO) ACTING CHIEF JUSTICE

Sd/(C M JOSHI) JUDGE

BKV

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