Sri Prasadraju vs Union Of India
2021 Latest Caselaw 1453 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 27TH DAY OF JANUARY, 2021

                           BEFORE

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

                  M.F.A.NO.488 OF 2021(AA)

BETWEEN

SRI PRASADRAJU
PROPRIETOR OF
M/S AKSHYA CONSTRUCTION,
4, 2ND CROSS, M R GARDEN,
KEB LAYOUT, SANJAYNAGAR,
BENGALURU - 560 094.
                                                    ...APPELLANT
(BY SRI. SAMPATH BAPAT, ADVOCATE)

AND

UNION OF INDIA
REPRESENTED BY

1.      THE GENERAL MANAGER
        SOUTH WESTERN RAILWAY
        GADAG ROAD,
        HUBLI - 580 021.

2.      THE CHIEF ADMINISTRATIVE OFFICER
        (CONSTRUCTION) SOUTH WESTERN RAILWAY
        NO.18, MILLERS ROAD, BENGALURU - 560 046.

3.      THE CHIEF ENGINEER (EAST) (CONSTRUCTION)
        SOUTH WESTERN RAILWAY
        NO.18, MILLER ROAD, BENGALURU - 560 046.

4.      THE DY. CHIEF ENGINEER (WEST) I
        (CONSTRUCTION) SOUTH WESTERN RAILWAY
        NO.18, MILLER ROAD, BENGALURU - 560 046
                                              ...RESPONDENTS
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       THIS APPEAL IS FILED UNDER SECTION 37 OF THE
ARBITRATION AND CONCILIATION ACT 1996 AGAINST THE ORDER
DATED: 07.01.2021 PASSED ON I.A.NO. 2 IN COM.A.A.NO. 144/2020
ON THE FILE OF THE LXXXII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU, CCH-83, DISMISSING THE I.A.NO.
II FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 CPC
AND UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION
ACT, 1996.

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


                         JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission to convert this Miscellaneous First Appeal

(MFA) into an appropriate Company 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 Bmc