The Karnataka State Road ... vs Radiant Info Systems Limited
2022 Latest Caselaw 3623 Kant

                           -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF MARCH, 2022

                       PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                          AND

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

             MFA NO.1274 OF 2022 (AA)

BETWEEN:

THE KARNATAKA STATE ROAD
TRANSPORT CORPORATION
HAVING ITS OFFICE AT P.B. NO.2778
K.H. ROAD, SHANTINAGAR
BENGALURU - 560 027
REP. BY ITS MANAGING DIRECTOR
THROUGH ITS CHIEF SYSTEMS MANAGER
                                           ... APPELLANT

(BY SRI P.D. SURANA, ADVOCATE)

AND:

RADIANT INFO SYSTEMS LIMITED
A COMPANY INCORPORATED UNDER
PROVISIONS OF COMPANIES ACT, 1956
HAVING ITS OFFICE AT NO.2227/1
DIV. NO.52A, 9TH MAIN, BSK II STAGE
BENGALURU - 560 070.
                                         ... RESPONDENT
                           ---
      THIS APPEAL IS FILED UNDER SECTION 37(1)(b) OF THE
ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET
ASIDE    THE    ORDER    DATED   27.11.2021   MADE    IN
COM.A.S.NO.17/2019 ON THE FILE OF THE LXXXIV ADDL. CITY
CIVIL AND SESSIONS JUDGE, (CCH-85 COMMERCIAL COURT),
BENGALURU CITY, (COMMON JUDGMENT AND DECREE MADE IN
COMMERCIAL A.S. NO.17/2019 AND COMMERCIAL A.S.
NO.24/2019) DATED 20-11-2018 SO FAR IT RELATES TO
DISMISSAL    OF   COMMERCIAL    A.S.   NO.17/2019    AND
CONFIRMING THE AWARD DATED 20-11-2018 MADE IN MATTER
OF AC NO.128/2017 ON THE FILE OF ARBITRATION TRIBUNAL
                             -2-


SHRI JUSTICE MOHAMED ANWAR, SOLE ARBITRATOR AT
ARBITRATION AND CONCILIATION CENTER, BENGALURU
(DOMESTIC & INTERNATIONAL) AND REVERSE THE SAME SO
FAR IT RELATES TO ISSUE NO.7, ISSUE NO.18(i) AND ISSUE
NO.18 (iv) OF THE AWARD.

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

                       JUDGMENT

Having regard to the fact that the present appeal

arises out of the Commercial A.S.No.17/2019 under the

Commercial Courts Act, 2018, the present appeal is hereby

directed to be converted into an appropriate Commercial

Appeal (COMAP).

2. Registry to carryout necessary corrections and

post the matter before the appropriate Bench having roster.

3. The appeal is disposed of for statistical purpose.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

VM