Mr Vimal Praful Jangla Vs M/S Krishna Enterprises

VINIT VINAYAK PRABHUGAONKAR HUF REPRESENTED BY ITS KARTA MR VINIT VINAYAK PRABHUGAONKAR AGED ABOUT 42 YEARS SON OF MR VINAYAK PRABHUGAONKAR RESIDING AT A-202, RNA REGENCY KANDIVALI WEST MUMBAI-400067.

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…APPELLANTS

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(BY SRI. KASHYAP N. NAIK, ADVOCATE)

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NC: 2026:KHC:22931-DB COMAP No. 79 of 2022

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HC-KAR

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AND:

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M/S KRISHNA ENTERPRISES (HOUSING AND INFRASTRUCTURES) INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT: PROJECT KRISHNA SHELTON FLAT 103, KATTIGENAHALLI A BLOCK BAGLUR CROSS YELAHANKA HOBLI BANGALORE-560063 REPRESENTED BY ITS MANAGING DIRECTOR MR ANIL KUMAR

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…RESPONDENT (RESPONDENT SERVED, BUT UNREPRESENTED)

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THIS COMAP IS FILED UNDER SECTION 37(1)(A) OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO (A) CALL FOR THE RECORDS IN COM.A.A.NO. 116/2021 ON THE FILE OF THE LEARNED LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL DIVISION (CCH-85) AND ETC.

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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 MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU

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NC: 2026:KHC:22931-DB COMAP No. 79 of 2022

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

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Learned counsel appearing for the appellants submits that nothing survives for consideration in this Section 37 appeal filed against an order passed under Section 9 of the Arbitration and Conciliation Act, 1996, since the proceedings have been terminated and has filed a memo to that effect.

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The memo dated 24.04.2026 reads as follows:

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"The Appellant most respectfully submits as follows:

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1. The Appellants have preferred the present appeal aggrieved by the order dated 02.12.2021 passed in Com.A.A. No. 116 of 2021 ("Impugned Order") by the Learned LXXXIV Additional City Civil and Sessions Judge Commercial Division (CCH-85) ("Ld. Commercial Court").

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2. It is submitted that the during the course of the subject appeal, the Arbitral Tribunal constituted under Arbitration Case 543 of 2022 at the instance of the Appellant was terminated on 04.06.2024 for non payment of Claimant share of Arbitrator's fee. As such, this Appeal preferred by the Appellant challenging the dismissal of interim measures sought for by the Appellant before the Ld. Trial Court may not survive for consideration.

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Wherefore, the Appellant most respectfully prays that this Hon'ble Court may be please to dismiss the instant appeal for having become infructuous, leaving all contentions open, in the interest of justice and equity."

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