Dismissed¶¶35

M/S Hdo Technologies Ltd. v. M/S S J R Infrastructure Pvt. Ltd.

Karnataka HC4 Nov 2025RFA/430/2012

Case brief

AI extract

What is this about?

Keywords: RFA No. 430 of 2012 (RES); NC: 2025:KHC:44592-DB; High Court of Karnataka (HC-KAR); Jayant Banerji; K. V. Aravind; M/s HDO Technologies Ltd; M/s S.J.R. Infrastructure Pvt Ltd; Section 8 of Arbitration and Conciliation Act; Section 96 r/w Order 41 Rule 1 CPC; O.S.No.4211/2010; XIX Additional City Civil & Sessions Judge, Bangalore City; IA No.2; suit rejected as hit by Section 8; impugned order dated 03.12.2011; previous listing 18.12.2024 (retirement notice returned, 'Addressee No Found'); appellant absent on final hearing; appeal dismissed for non-prosecution on 04.11.2025.

What did the court decide?

Although the matter was called out in the second round, no one appeared for the appellant M/s HDO Technologies Ltd. ¶¶25-26

M/S Hdo Technologies Ltd. Vs M/S S J R Infrastructure Pvt. Ltd. — Arbitration | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC:44592-DB RFA No. 430 of 2012

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF NOVEMBER, 2025

¶5

PRESENT

¶6

THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

¶7

THE HON'BLE MR. JUSTICE K. V. ARAVIND REGULAR FIRST APPEAL NO. 430 OF 2012 (RES)

¶8

BETWEEN:

¶9

M/S HDO TECHNOLOGIES LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, AND HAVING ITS REGISTERED OFFICE AT "DORR OLIVER HOUSE", CHAKALA, ANDHERI (EAST), MUMBAI- 400 099, AND HAVING ITS BRANCH OFFICE AT GGR TOWERS, TECH MAHINDRA, BUILDING, NO.18/26, AMBALIPURAM, Digitally signed BELLANDUR GATE, SARJAPURA ROAD, by K G RENUKAMBA BANGALORE-562 103, Location: HIGH REP. BY ITS GENERAL POWER COURT OF KARNATAKA OF ATTORNEY HOLDER, MRS.J.P.PHILOMENA.

¶10

…APPELLANT

¶11

[BY SRI.B.N.JAYADEVA, ADVOCATE (ABSENT) ]

¶12

AND:

¶13

M/S S.J.R.INFRASTRUCTURE PVT LTD, A COMPANY INCORPORATED

¶14

¶15

NC: 2025:KHC:44592-DB RFA No. 430 of 2012

¶16

HC-KAR

¶17

UNDER THE COMPANIES ACT, AND HAVING ITS OFFICE AT NO. 1, SJR PRIMUS, 7^TH AND 8^TH FLOOR, KORAMANGALA INDUSTRIAL LAYOUT, 7^TH BLOCK, KORAMANGALA, BANGALORE-560 095 REP. BY ITS DIRECTOR, MR.J.VIJAYA REDDY.

¶18

…RESPONDENT

¶19

[(BY SRI. AJAY SHANKAR RAO, ADVOCATE ]

¶20

THIS RFA IS FILED U/S 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE ORDER DATED 03.12.2011 PASSED IN O.S.NO.4211/2010 ON THE FILE OF XIX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY, ALLOWING IA NO.2 FILED U/S 8 OF ARBITRATION AND CONCILIATION ACT THEREBY REJECTING THE SUIT AS IT IS HIT BY SECTION 8 OF ARBITRATION AND CONCILIATION ACT.

¶21

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

¶22

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE K. V. ARAVIND

¶23

ORAL JUDGMENT

¶24

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

¶25

Despite the matter is called out in the 2^nd round, no one

¶26

appears for the appellant- M/s.HDO Technologies Ltd.

¶27

Learned counsel for the respondent is present.

¶28

¶29

NC: 2025:KHC:44592-DB RFA No. 430 of 2012

¶30

HC-KAR

¶31

When the matter was last listed on 18.12.2024, the following order was passed:-

¶32

“Sri. Nagaraj Naik, learned counsel for the appellant submits that retirement notice sent to the appellant has returned with postal shara “Addressee No Found”. Further it is submitted that he would take fresh steps for service of retirement notice to appellant. Hence, he prays for some time.”

¶33