Smt Chitra P vs Sri A Narasimhan
2021 Latest Caselaw 3609 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 8TH DAY OF NOVEMBER, 2021

                       PRESENT

        THE HON'BLE MR.JUSTICE ALOK ARADHE

                              AND

       THE HON'BLE MR. JUSTICE ANANT R HEGDE

                 COMAP NO.111/2021

BETWEEN:

SMT. CHITRA P.
W/O SRI SUNIL P.
AGED ABOUT 42 YEARS
PROPRIETOR, M/S MODERN
SYMBIOSIS GREEN VENTURE
RESIDING AT "SUNNY" 8TH MAIN,
6TH CROSS, G.M. PALYA
THIPPASANDRA POST
BANGALORE - 560 075                    ...APPELLANT

(BY SRI. K.P. BHUVAN, ADV.)

AND:

SRI. A. NARASIMHAN
S/O SRI. ARAVINDSWAMY
R/AT FLAT NO.921,
SHOBHA FLOWER,
JAYANAGAR,
SANGAM CIRCLE
BENGALURU - 560 072                  ... RESPONDENT

(BY SRI. NISCHAL DEV, ADVOCATE)
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      THIS APPEAL IS FILED UNDER SECTION 13(1-A) OF THE
COMMERCIAL COURTS ACT, 2015 R/W SECTION 37 OF THE
ARBITRATION AND CONCILIATION ACT, PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO (1) CALL FOR RECORDS
ON COM.A.A.NO. 127/2019 ON THE FILE OF LXXXII ADDL. CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-83) AND ETC.,

      THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, ALOK ARADHE. J., DELIVERED THE FOLLOWING:

                      JUDGMENT

Mr K P Bhuvan, learned counsel for the appellant.

In this appeal under Section 13(1-A) of The Commercial

Courts Act, 2015 read with Section 37 of The Arbitration

and Conciliation Act, 1996 (hereinafter referred to as the

'Act' for short) against the order dated 22.04.2021

passed by the Commercial Court, by which application

preferred by the appellant under Section 9 of the Act

has been dismissed.

2. When the matter was taken up today, learned

counsel for the appellant fairly submitted that the

appellant has already approached this Court by filing a

petition in CMP 271/2021 under Section 11 of the Act

seeking appointment of an arbitrator. It is also

submitted the aforesaid petition is fixed for final hearing

on 18.11.2021.

3. In view of the aforesaid submission and in the

facts of the case, we are not inclined to examine the

validity of the order dated 22.04.2021 passed by the

Commercial Court. However, this appeal is disposed of

with liberty to the appellant to file an application under

Section 17 of the Act before the Arbitral Tribunal, which

may be constituted. Accordingly, the appeal is disposed

of.

Sd/-

JUDGE

Sd/-

JUDGE

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