Mindful Hospitality Llp vs Mr Deepak Sindhu
2022 Latest Caselaw 9863 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 28TH DAY OF JUNE, 2022

                          BEFORE

         THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD

       MISCELLANEOUS FIRST APPEAL NO.1269/2022 (AA)

BETWEEN:

MINDFUL HOSPITALITY LLP
NO.120, 3RD FLOOR,
BRIGADE ROAD,
BANGALORE - 560 001
REPRESENTED BY ITS PARTNER,
MANAVAPATTI SRIDHARAN VASISTH,
S/O M S SRIDHARAN,
AGED ABOUT 39 YEARS.
                                    ... APPELLANT
(BY SRI. SHARATH KUMAR SHETTY, ADVOCATE)

AND:

1.     MR. DEEPAK SINDHU
       S/O DR V. S. LOKANATH RAO SINDHE,
       AGED ABOUT 56 YEARS,
       R/AT NO.10, CASTLE STREET,
       ASHOKNAGAR, BANGALORE-560025
       REPRESENLY IN NES JERSEY, USA,
       REPRESENTED BY HIS
       POWER OF ATTORNEY HOLDER,
       MR SUHAIL AHMED.

2.     MR ATREYA TIWARI
       S/O DR. RISHI TIWARI
       AGED ABOUT 38 YEARS,
       MANAGING PARTNER,
       MINDFUL HOSPITALITY LLP,
       NO.6, EVATHY NIVAS,
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     PARK STREET,
     KILPAUK GARDEN ROAD,
     CHENNAI-600 006.
                                       ... RESPONDENTS


     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE
ORDER      DATED        20.07.2021   PASSED     IN
COM.A.A.NO.44/2021 ON THE FILE OF THE LXXXV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, (CCH-86), ALLOWING THE APPLICATION
FILED U/S.9(ii)(b) AND (d) OF THE ARBITRATION AND
CONCILIATION ACT, 1996 R/W RULE 9 OF THE HIGH
COURT OF KARNATAKA ARBITRATION (PROCEEDINGS
BEFORE COURTS) RULES, 2001.

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

                        JUDGMENT

The appellant has called in question the order

dated 20.07.2021 in COM.AA No.44/2021, proceeding

under Section 9 of the Arbitration and Conciliation Act,

1996. With the Circular dated 30.10.2017, the appellant

will have to file commercial appeal.

With liberty to the appellant to avail alternative

remedy, subject to all just exceptions in law, the appeal

stands disposed of. The office is directed to return the

certified copies to the learned counsel for the appellant.

SD/-

JUDGE

SA Ct:sr