Aluplex India Pvt Ltd vs Nitesh Residency Hotels Pvt Ltd
2023 Latest Caselaw 10578 Kant

Karnataka High Court

Aluplex India Pvt Ltd vs Nitesh Residency Hotels Pvt Ltd on 14 December, 2023

Author: K.Somashekar

Bench: K.Somashekar

                                        -1-
                                                NC: 2023:KHC:45531-DB
                                               COMAP No. 462 of 2023




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 14TH DAY OF DECEMBER, 2023

                                     PRESENT
                     THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                       AND
                      THE HON'BLE MR JUSTICE RAJESH RAI K
                      COMMERCIAL APPEAL NO. 462 OF 2023
              BETWEEN:

                 ALUPLEX INDIA PVT LTD.,
                 A COMPANY INCORPORATED UNDER
                 THE COMPANIES ACT, 1956,
                 HAVING ITS REGISTERED OFFICE AT
                 R-602, (OFFICE BLOCK)
                 T T C INDUSTRIAL MIDC
                 RABALE, MUMBAI - 400701.
                 REP. BY ITS DIRECTOR
                 MR NAVIN KESWANI.
                                                         ...APPELLANT
Digitally
signed by D   (BY SRI. VARUN S - ADVOCATE)
K BHASKAR
Location:     AND:
High Court
of
Karnataka        NITESH RESIDENCY HOTELS PVT LTD.,
                 A COMPANY INCORPORATED UNDER THE
                 COMPANIES ACT, 1956,
                 HAVING ITS REGISTERED OFFICE AT
                 LEVEL 4, B WING
                 THE RITZ CARLTON HOTEL 99
                 RESIDENCY ROAD, BANGALORE 560025.
                 ALSO HAVING OFFICE AT
                 NO. 25A, IMPERIAL COURT
                 2ND FLOOR, CUNNINGHAM ROAD
                 BENGALURU 560 052.
                 REP. BY ITS AUTHORIZED REPRESENTATIVE
                 MR SWAMY K B.
                                                      ...RESPONDENT
                               -2-
                                           NC: 2023:KHC:45531-DB
                                          COMAP No. 462 of 2023




     THIS COMAP FILED UNDER SECTION 13(1-A) OF THE
COMMERCIAL COURT ACT, 2015 R/W SECTION 37(1)(C) OF
THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING
TO   SET      ASIDE   THE    IMPUGNED        JUDGMENT        DATED
3RD FEBRUARY 2020 PASSED BY THE LEARNED COURT IN
A.S.NO. 119 OF 2018 (ANNEXURE-A) AND CONSEQUENTLY SET
ASIDE THE AWARD DATED 9TH MARCH 2018 PASSED BY THE
LEARNED    ARBITRAL     TRIBUNAL     IN    A.C.NO.44    OF    2014
(ANNEXURE-B).

     THIS COMAP, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:


                         JUDGMENT

Learned Counsel for the appellant has filed a memo

seeking conversion of the present appeal from a

commercial appeal to miscellaneous first appeal.

In para 2 of the memo it is stated that the

appellant's advocate was informed that the commercial

appeal is not maintainable since the impugned judgment

dated 3.2.2020 in A.S.No.119/2018 was passed by the

Civil Court. Therefore, this appeal is filed seeking

conversion.

NC: 2023:KHC:45531-DB

The memo is taken on record. Accordingly, the

appellant is permitted convert the present appeal to

Miscellaneous First Appeal.

This appeal is disposed of for statistical purpose.

Sd/-

JUDGE

Sd/-

JUDGE

DKB