Concan Specialised Engineering ... vs The Garrison Engineer Seabird
2022 Latest Caselaw 8212 Kant

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                                                    COMAP No. 100004 of 2022


                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 06TH DAY OF JUNE, 2022

                                           PRESENT
                           THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
                                             AND
                           THE HON'BLE MR JUSTICE P.KRISHNA BHAT
                          COMMERCIAL APPEALS NO. 100004 OF 2022 (-)
                   BETWEEN:
                   CONCAN SPECIALISED ENGINEERING SERVICES
                   (A PROPRIETORY CONCERN),
                   HAVING ITS REGISTERED OFFICE AT 201,
                   RAYKAR MANOR, KAIKINI ROAD,
                   KARWAR 581301, TALUK. KARWAR,
                   DISTRICT. UTTARA KANNADA.
                   REPRESENTED BY ITS SOLE PROPRIETOR,
                   MR. PREETAM JAYARAM MASURKAR

                                                                 ...APPELLANT
                   (BY SRI. VEERESH R BUDIHAL.,ADVOCATE)
                   AND:
                   THE GARRISON ENGINEER (SEABIRD)
                   MILITARY ENGINEER ERVICES,
                   NAVAL BASE, ARGA, KARWAR 581308,
                   TALUK. KARWAR, DISTRICT. UTTARA KANNADA.
Digitally signed
by JAGADISH T
R
                                                                ...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA,
DHARWAD
                   (BY SRI. MRUTYUNJAYA TATA BANGI, ADVOCATE)
Date: 2022.06.08
12:21:02 +0530

                        THIS COMMERCIAL APPEAL IS FILE UNDER SECTION 13 OF
                   THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE
                   THE ORDER DATED 05.01.2022 PASSED BY THE HON'BLE COURT
                   OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE,
                   UTTAR KANNADA, KARWAR IN COMMERCIAL ARBITRATION
                   APPLICATION NO.1/2021 AND CONSEQUENTLY GRANT THE
                   RELIEF AS SOUGHT IN THE APPLICATION FILED BY THE
                   APPELLANT HEREIN IN COMM.A.A.NO.1/2021.
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                                    COMAP No. 100004 of 2022


     THIS COMMERCIAL APPEAL COMING ON FOR ORDERS,
THIS DAY, KRISHNA S DIXIT J., DELIVERED THE
FOLLOWING:

                         JUDGMENT

Both the sides having argued the matter at length, now

unanimously agree on Mr. A. P. Murari, Retired District Judge

being appointed as their sole Arbitrator before whom all

contentions are left to be taken up. Accordingly, learned

Arbitrator having been appointed is requested to enter the

reference of Arbitration and decide it in accordance with law.

Regard being had to the special circumstances of the

case, location of the officials and the records, liberty is

reserved to both the sides to seek the venue for Arbitration

at Karwar.

Till arbitration proceedings begin, the matter shall not

be precipitated; what should happen thereafter is left to the

discretion of learned Arbitrator.

Registry is directed to return all the original documents

produced by the parties, if any, after obtaining photostat

copies of the same for the file.

COMAP No. 100004 of 2022

Matter is disposed of, all contentions having been left

open.

A copy of this order shall be sent forthwith to the

learned Arbitrator Mr. A. P. Murari.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

YAN