Navodaya Vidya Samaste vs M/S. Pearson India Education ...
2022 Latest Caselaw 11617 Kant

                          1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF SEPTEMBER, 2022

                       PRESENT

          THE HON'BLE MR. JUSTICE G.NARENDAR

                         AND

           THE HON'BLE MR. JUSTICE C M JOSHI

               MFA NO.6122 OF 2022 (AA)
BETWEEN:

NAVODAYA VIDYA SAMASTE
NO.1967, SS LAYOUT 'B' BLOCK
RING ROAD, DAVANAGERE - 577 004
REP. BY ITS SECRETARY
SANTHOSH KUMAR M.S.
                                  ... APPELLANT
(BY SRI.HIREMATHAD MAHESHAIAH RUDRAYYA, ADV.)

AND:

1.     M/S. PEARSON INDIA EDUCATION
       SERVICE PVT. LTD., A COMPANY
       INCORPORATED UNDER THE
       PROVISIONS OF COMPANIES ACT, 1956
       HAVING ITS REGISTERED OFFICE
       AT NO. A-101, DIVYASHREE CHAMBERS
       'O' SHAUGHNESSY ROAD
       LANGFORD GARDENS BANGALORE-560 025
       REP. HEREIN BY ITS MANAGING DIRECTOR

2.     SRI. BOLAR YESHWANTH KUMAR
       SOLE ARBITRATOR, NO.23/8
       HOSPITAL ROAD
       SHIVAJINAGARA
       BANGALORE-560 001.
                                ... RESPONDENTS
                             2


     THIS MFA IS FILED UNDER SECTION 37(1)(b) OF
THE ARBITRATION AND CONCILIATION ACT, 1996
AGAINST THE ORDER DATED 25.03.2022 PASSED IN
COM.A.S.NO.174/2018 ON THE FILE OF THE LXXXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-85
COMMERCIAL COURT), BENGALURU, DISMISSING THE
PETITION UNDER SECTION 34 OF THE ARBITRATION AND
CONCILIATION ACT.

    THIS MFA COMING ON FOR "ORDERS" THIS DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:

                         JUDGMENT

A memo is preferred by the appellant's counsel

praying leave of this Court to convert the present appeal

into Commercial Appeal in view of the provisions of the

Commercial Courts Act.

2. The memo is taken on board and the memo is

ordered accordingly.

3. Miscellaneous first appeal is disposed of for

statistical purposes.

Sd/-

JUDGE

Sd/-

JUDGE

tsn*