Sri. Subramanian Iyer vs Guaranted Rentals Pvt Ltd
2023 Latest Caselaw 5549 Kant

                                         -1-
                                                       NC: 2023:KHC:28549
                                                    MFA No. 5473 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 11TH DAY OF AUGUST, 2023

                                       BEFORE
                    THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                MISCELLANEOUS FIRST APPEAL NO. 5473 OF 2023 (AA)


               BETWEEN:
               SRI. SUBRAMANIAN IYER
               S/O R PADMANABHAN
               AGED 43 YEARS
               R/AT B-2-201, NISARG NIRMAN
               CO-OPERATIVE SOCIETY
               SURVEY NO.165/1,
               PIMPLE SAUDAGAR
               PUNE-411027, MAHARASHTRA STATE.
                                                             ...APPELLANT
               (BY SRI. BHARATI PATIL., ADVOCATE)

                 AND:
                 1. GUARANTED RENTALS PVT LTD
                    HAVING OFFICE AT NO.980
                    2ND FLOOR, K MANNYAPPA GARDEN
                    NEAR RAILWAY UNDERPASS
Digitally signed
by                  HORAMAVU MAIN ROAD
DHANALAKSHMI        BENGALURU-560043
MURTHY              REP. BY ITS AUTHORIZED SIGNATORY
Location: High      MR PRATEEK AGARWAL
Court of            AGED ABOUT 32 YEARS.
Karnataka
               2.    DR JUSTICE JAWAD RAHIM
                     FORMER JUDGE, HIGH COURT OF KARNATAKA
                     ARBITRATION CENTER
                     KHANIJA BHAVAN, NO.49, 3RD FLOOR
                     EAST WING, RACE COURSE ROAD
                     BENGLAURU-56001
                                                       ...RESPONDENTS
                    THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE
               ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE
               JUDGMENT DT.22.05.2023 PASSED IN COM.A.P.NO.113/2022
                             -2-
                                          NC: 2023:KHC:28549
                                      MFA No. 5473 of 2023




ON THE FILE OF THE LXXXIV ADDITIONAL CITY CIVIL AND
SESSIONS   JUDGE,   (CCH-85,   COMMERCIAL    COURT),
BENGALURU, ALLOWING THE PETITION FILED U/S.34 OF THE
ARBITRATION AND CONCILIATION ACT.

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

1. The office has raised an objection in respect of

maintainability of appeal vide circular dated 30.10.2017.

2. In view of circular dated 30.10.2017 passed by the

Registrar (Judicial) of High Court of Karnataka, the appeal

has to be classified as 'commercial appeal'. Therefore, the

learned counsel for the appellant is permitted to reclassify

the above appeal.

3. Thereafter, office is directed to post this matter

before appropriate bench having roster.

4. For the statistical purpose, the appeal is disposed

of.

Sd/-

JUDG

HA