Karnataka High Court
Hindusan Aeronautics Limited vs M/S Sreekanh Constructions on 3 June, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:18703-DB
COMAP No. 24 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
COMMERCIAL APPEAL NO. 24 OF 2023
BETWEEN:
HINDUSTAN AERONAUTICS LIMITED
HAVING ITS REGISTERED OFFICE AT
15/1, CUBBON ROAD
POST BOX NO.5150
BANGALORE - 560001
REPRESENTED BY ITS
AUTHORIZED REPRSENTATIVE.
...APPELLANT
(BY SRI. RAVI RAGHAVAN - ADVOCATE)
Digitally
signed by AND:
SUMATHY
KANNAN
Location:
M/S SREEKANH CONSTRUCTIONS
High Court of 506, 5TH FLOOR, BRIGADE HARMONY
Karnataka WHITEFIELD MAIN ROAD
BANGALORE - 560056
REP. BY ITS PROPRIETOR.
...RESPONDENT
(BY SRI. ANIRUDH SURESH - ADVOCATE)
THIS COMMERCIAL APPEAL FILED UNDER SECTION
13(1-A) OF COMMERCIAL COURTS ACT, 2015 R/W SECTION
37(1) (C) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO SET ASIDE THE IMPUGNED JUGDMENT DATED
20/10/2022 PASSED BY LXXXV-ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE [HON'BLE COMMERCIAL COURT (CCH-86)]
IN COM.A.P NO.55/2022 (ANNEXURE-A).
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NC: 2024:KHC:18703-DB
COMAP No. 24 of 2023
THIS COMMERCIAL APPEAL, COMING ON FOR ORDERS,
THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant challenging the impugned judgment rendered by the Court below in COMAP No.55/2022 dated 20.10.2022 vide Annexure-A. The Arbitration suit filed by the petitioner/claimant under Section 34(2) of Arbitration and Conciliation Act, 1996 seeking to set aside the impugned award dated 22.10.2021 passed by the Arbitrator came to be allowed and the impugned award dated 22.10.2021 was accordingly set-aside.
Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. In the memo it is stated that the parties to the above appeal have amicably settled their inter-se dispute by way of a mediation process before the Bangalore Mediation Centre. A certified copy of the settlement agreement dated 07.03.2024 is produced for the purpose of reference.
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NC: 2024:KHC:18703-DB COMAP No. 24 of 2023 The memo is taken on record. Consequently, the appellant is permitted to withdraw the appeal as sought for.
Sd/-
JUDGE Sd/-
JUDGE DKB