M/S Balaji Builders And ... vs Sri R N Manjunath
2023 Latest Caselaw 5347 Kant

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                                                      NC: 2023:KHC:27615-DB
                                                          COMAP No. 45 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 7TH DAY OF AUGUST, 2023
                                             PRESENT
                             THE HON'BLE MR JUSTICE G.NARENDAR
                                               AND
                         THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                              COMMERCIAL APPEAL NO. 45 OF 2022


                   BETWEEN:

                   M/S BALAJI BUILDERS AND DEVELOPERS
                   NO 887, 19TH MAIN, 10TH CROSS,
                   IDEAL HOMES TOWNSHIP,
                   R R NAGAR, BENGALURU - 560078.
Digitally signed   REPRESENTED BY ITS
by YAMUNA K L      AUTHORISED REPRESENTATIVE
Location: High     SMT. H R RASHMI
Court of           AGED ABOUT 41 YEARS
Karnataka
                   W/O SRI T V SRINIVAS MURTHY.
                                                                   ...APPELLANT
                   (BY SMT. SWAPNA R NAIR., ADVOCATE)


                   AND:

                   1.    SRI R N MANJUNATH
                         AGED ABOUT 52 YEARS,
                         S/O. SRI. NARAYANA REDDY,
                         R/AT RAMASAGARA VILLAGE,
                         MUTHANALLUR POST,
                         ATTIBELE HOBLI, ANEKAL TQ.,
                         BENGALURU - 560 099.

                   2.    SRI. A.MANJUNATHA REDDY
                         AGED ABOUT 52 YEARS,
                         S/O LATE PAPA REDDY
                         R/AT No.305/56, 2ND FLOOR,
                                    -2-
                                         NC: 2023:KHC:27615-DB
                                             COMAP No. 45 of 2022




     ABOVE SBM BANK, 2ND MAIN,
     40TH CROSS, JAYANAGAR 8TH BLOCK,
     BENGALURU - 560 070.

3.   THE SOLE ARBITRATOR
     JUSTICE A.J.SADASHIVA,
     ARBITRATION AND
     CONCILIATION CENTRE, BENGALURU
     (DOMESTIC AND INTERNATIONAL)
                                          ...RESPONDENTS
(BY SRI. MARILINGE GOWDA, ADV. FOR R1 & R2,
 V/O DATED.14/3/2022 - NOTICE TO R3 D/W.)


        THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1-A)       OF THE COMMERCIAL COURTS ACT, 2015 R/W
SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT,
1996,        PRAYING   TO   SET    ASIDE   THE     JUDGMENT   DATED
19/11/2021 DISMISSING THE SUIT IN COMAP NO. 27/2021 ON
THE FILE OF THE X ADDL. DISTRICT AND SESSIONS JUDGE
(DESIGNATED         COMMERCIAL      COURT),      BENGALURU    RURAL
DISTRICT,        BENGALURU        AND    THEREBY    SET-ASIDE   THE
ARBITRAL         AWARD      DATED        19/01/2021    PASSED    IN
A.C.NO.128/2019 TO THE EXTENT GRANTED UNDER SL.(2)
AND (3) AND THE OBSERVATIONS MADE AT PARA 30, BY
ALLOWING THE PRESENT APPEAL.


        THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:

                              JUDGMENT

1. Case is called. There is no representation on behalf

of the appellant.

NC: 2023:KHC:27615-DB COMAP No. 45 of 2022

2. The order sheet dated 18.07.2023 records as

under:-

'None for the appellant even when the matter is called in the second round.

Mr. Marilinge Gowda, learned counsel for respondent No.2.

Awaiting appearance of learned counsel for the appellant, hearing of the petition is deferred.

List next week.'

3. From the above, it is apparent that the appellant is

disinterested in prosecuting the appeal. Accordingly, the appeal

is dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE