M/S Mvr Gas vs M/S Aditya Birla Finance Limited
2021 Latest Caselaw 1614 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 24TH DAY OF FEBRUARY, 2021

                         BEFORE

      THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

               M.F.A.NO. 1052 OF 2021(AA)
BETWEEN
1.     M/S MVR GAS
       SY. NO. 400
       SARJAJPURA ATTIBELE MAIN ROAD
       SARJAPURA HOBLI, BANGALORE 562 125
       REPRESENTED BY ITS PROPRIETOR
       SHRI B V SADANAND
2.     SHRI B V SADANAND
       S/O SHRI VENKATA SWAMY REDDY
       AGED ABOUT 59 YEARS
       NO. 801,9TH MAIN, 3RD BLOCK
       KORAMANGALA
       BANGALORE 560 004
3.     SMT. S L MANJULA
       W/O SHRI B V SADANAND
       AGED ABOUT 59 YEARS
       NO. 801,9TH MAIN,3RD BLOCK
       KORAMANGALA, BANGALORE 560 004
                                            ...APPELLANTS
(BY SRI.G.S.BHAT, ADVOCATE)
AND
M/S ADITYA BIRLA FINANCE LIMITED
ONE INDIA BULLS CENTRE
TOWER I,18TH FLOOR
JUPITOR MILL COMPOUND
841, SENAPATHI BAPATH MARG
ELPHINSTAN ROAD, MUMBAI 400 013.
REPRESENTED BY ITS AUTHORISED SIGNATORY
SHRI AKASH N A
                                            ...RESPONDENT
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       THIS APPEAL IS FILED UNDER SECTION 37(1)(b) OF THE
ARBITRATION AND CONCILIATION ACT PRAYING TO SET ASIDE
THE ORDER DT: 29.01.2021, PASSED ON I.A.NO. 1 IN COM. A.A.
7/2021, ON THE FILE OF THE LXXXIII - ADDITIONAL CITY CIVIL
JUDGE, BENGALURU (CCH-84) BY ALLOWING THE ABOVE APPEAL
AND ETC.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellants has filed a memo

seeking permission to convert this Miscellaneous First Appeal

(MFA) into an appropriate Commercial Appeal (Com.AP) in

terms of the circular dated 30.10.2017 issued by this Court.

2. Registry is directed to convert the present appeal

into a Commercial Appeal (Com.AP) in terms of the said

circular, by making necessary corrections in the appeal papers.

Registry is also directed to permit the appellant to carry

out necessary corrections in this regard.

The appeal is disposed off for statistical purpose.

Sd/-

JUDGE Mds.