Dismissed¶38

Sri M H Sachin v. Sri S M Sunil

Karnataka HC14 Jul 2026COMAP/237/2025

Case brief

AI extract

What is this about?

High Court of Karnataka, COMAP No. 237 of 2025, decided 14.07.2026 by Vibhu Bakhru, CJ (author) and K.S. Hemalekha, J. Appeal under S.37(1)(c) A&C Act against S.34 order dated 23.01.2025 in Com.A.P. No.3/2024 (Commercial Court, Bengaluru, CCH 87). Dismissed for non-prosecution for non-appearance and non-filing of paper book; no merits decided, no costs or quantum. No precedents cited or discussed.

What did the court decide?

Since none appeared for the appellant and the relevant record was not filed despite directions dated 11.11.2025 and opportunities on 28.01.2026 and 08.04.2026, the appeal is dismissed for non-prosecution. ¶38

Sri M H Sachin Vs Sri S M Sunil — Arbitration | Karnataka HC (2026)

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NC: 2026:KHC:35829-DB COMAP No. 237 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JULY, 2026

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PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO. 237 OF 2025

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BETWEEN:

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SRI M H SACHIN S/O M.B HARISH BABU AGED ABOUT 38 YEARS, PROP. M/S SRI GURUKRIPA AGENCIES, VASAVI MAHAL CROSS, OPP. RAGHAVENDRA PRINTERS, CHITRADURGA - 577501

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…APPELLANT

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(BY SRI. K GOVINDARAYA KAMATH, ADVOCATE (ABSENT))

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Digitally signed by AMBIKA H B Location: High Court of Karnataka

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AND:

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SRI S M SUNIL

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S/O SRI MANJUNATHA SETTY AGED ABOUT 48 YEARS, PROP. M/S SRI GURUVAIBHABVA ENTERPRISES, VEER SAVARKAR ROAD, CHITRADURGA-577501

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SRI. V.N RAVINDRA DISTRICT JUDGE (RETD) SOLE ARBITRATOR, NO. 229, BALAJI LAYOUT, VAJARAHALLI,

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2 - NC: 2026:KHC:35829-DB COMAP No. 237 of 2025

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HC-KAR

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BYANAPALYA, BENGALURU-560001

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…RESPONDENTS

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(BY SRI.NAGARAJ R, ADVOCATE FOR R1)

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THIS COMAP IS FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT (ANNEXURE A) DATED 23.01.2025 PASSED BY THE HONBLE LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT) BENGALURU (CCH 87) IN COMAP NO. 3/24 AND ALLOW THE APPEAL FILED BY APPELLANT IN COM.AP NO. 3/24.

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

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and

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HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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None appears for the appellant.

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The appellant has filed the present appeal under Section 37

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(1)(c) of the Arbitration and Conciliation Act, 1996 [A&C Act] impugning an order dated 23.01.2025 passed by the LXXXVI Addl. City Civil & Sessions Judge, (Commercial Court) Bengaluru (CCH-

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in Com.A.P. No.3/2024 passed under Section 34 of the A&C Act. The relevant documents have not been placed on record. Notice in this appeal was issued on 08.10.2025. On the next date

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3 - NC: 2026:KHC:35829-DB COMAP No. 237 of 2025

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HC-KAR

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of hearing i.e., 11.11.2025, directions were issued to file a paper book before the next date of hearing and the appeal was listed on 28.01.2026. On the said date, further time was sought by the learned counsel for the appellant for filing the paper books and the appeal was listed on 08.04.2026 and thereafter, has been listed

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today. However, the relevant record has not been filed.

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