Kuberappa Mallappa Kollur vs M/S Shriram Transport Finance ...
2023 Latest Caselaw 5449 Kant

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                                                                   NC: 2023:KHC-D:8596
                                                                    WP No. 104786 of 2023




                                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                        DATED THIS THE 9TH DAY OF AUGUST, 2023

                                                        BEFORE

                                   THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                                      WRIT PETITION NO. 104786 OF 2023 (GM-RES)

                              BETWEEN:

                              KUBERAPPA MALLAPPA KOLLARA,
                              AGE: 46 YEARS, OCCUPATION: COOLIE,
                              R/O: H.NO.1362A, KURABARA ONI,
                              NEAR PRIMARY SCHOOL, DAMBAL,
                              TQ: MUDARAGI, DIST: GADAG-582118.
                                                                              ...PETITIONER
                              (BY SRI G.N. NARASAMMANAVAR, ADVOCATE)

                              AND:

                              1.   M/S. SHRIRAM TRANSPORT FINANCE
                                   COMPANY LIMITED,
                                   REPRESENTED BY ITS GPA HOLDER,
                                   SHANKAR S/O. BASAPPA SUTAGATTI,
                                   AGE: 40 YEARS, OCC: ASSISTANT PRODUCTION
                                   MANAGER,
                                   R/O: GADAG,
           Digitally signed
                                   TQ: AND DIST: GADAG-582101.
           by
           MOHANKUMAR
           B SHELAR
MOHANKUMAR
B SHELAR   Location:
           DHARWAD
           Date:
                              2.   S. NAGARAJ RAMAPPA,
           2023.08.10
           13:33:21 -0700          AGE: MAJOR, OCC: BUSINESS,
                                   R/O: H.NO.31, NEAR BUS STOP,
                                   GUJANURU, DEVAGONDANAHALLI-583219,
                                   TQ: HUVINAHADAGALI, DIST: BELLARY.
                                                                           ...RESPONDENTS

                                   THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                              OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR
                              DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING
                              THE IMPUGNED ORDER ON I.A. DATED. 05/04/2023 PASSED BY THE
                              COURT OF ADDITIONAL DISTRICT AND SESSION JUDGE, GADAG IN
                              COMMERCIAL EXECUTION PETITION NO. EX. NO. 26/2020 I.E., VIDE
                              ANNEXURE-F.
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                                              NC: 2023:KHC-D:8596
                                                   WP No. 104786 of 2023




      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                                 ORDER

Captioned petition is filed by the judgment-debtor

assailing the order of the Executing Court on an application

filed under Section 151 of CPC. The Executing Court has

rejected the application filed by the judgment-debtor to recall

the decree-holder for cross-examination.

2. Heard the counsel for petitioner and perused the

materials on record.

3. The objections tendered by the decree-holder vide

Annexure-E clearly reveals that the present petitioner has not

contested the arbitration proceedings. The Arbitrator, in

absence of contest, has passed the award for a sum of

Rs.7,46,185/- with interest @ 18% per annum from

03.11.2018. It is borne out from the records that the petitioner

has not questioned the award by filing an application under

Section 34 of the Arbitration and Conciliation Act. If there is no

contest before the Arbitrator in arbitral proceedings and if

award passed by the Arbitrator is not questioned by filing an

application under Section 34 of the Act, I am not inclined to

NC: 2023:KHC-D:8596 WP No. 104786 of 2023

interfere with the order under challenge. Accordingly, the writ

petition being devoid of merits, stands dismissed.

4. In view of disposal of the petition, pending

interlocutory applications, if any, do not survive for

consideration and are disposed of accordingly.

Sd/-

JUDGE