Karnataka High Court
M/S. Unishire Urban Infra Limited vs M/S. Surana Constructions Llp on 18 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:45983
MFA No. 7898 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL No. 7898 OF 2023 (AA)
BETWEEN:
1. M/S. UNISHIRE URBAN INFRA LIMITED
No. 36, UNISHIRE SQUARE
RAILWAY PARALLEL ROAD
KUMARAKRUPA WEST
BANGALORE-560 020.
REP. BY ITS AUTHORIZED SIGNATORY
MR. PRATIK K. MEHTA.
2. MR. PRATIK K. MEHTA
SON OF KIRTI K. MEHTA
AGED ABOUT 40 YEARS
R/AT NO. 301, MOUDGAL HOMES
NO. 6, UPPER PIPELINE ROAD
KUMARA PARK WEST
BANGALORE-560 020.
Digitally signed ...APPELLANTS
by
DHANALAKSHMI
MURTHY
Location: High (BY SRI G S VENKAT SUBBA RAO, ADVOCATE)
Court of
Karnataka
AND:
1. M/S. SURANA CONSTRUCTIONS LLP.,
LIMITED LIABILITY PARTNERSHIP FIRM
REGISTERED UNDER THE LIMITED LIABILITY
PARTNERSHIP ACT, 2008
HAVING ITS ADMINISTRATIVE OFFICE AT
NO. HG-4, INTERNATIONAL TRADE CENTRE
MAJURA GATE, RING ROAD
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MFA No. 7898 of 2023
SURAT - 395 002, GUJARAT.
2. MR. M. V. RANGANATH
AGED ABOUT 87 YEARS,
S/O. LATE VENKATACHALAYENGAR,
RESIDING AT NO. 175, 1ST MAIN ROAD,
SESHADRIPURAM,
BANGALORE - 560 020.
3. MRS. ARATHI RAMESH
AGED ABOUT 56 YEARS,
D/O. MR. M. V. RANGANATH
RESIDING AT NO. 175, 1ST MAIN ROAD
SESHADRIPURAM,
BANGALORE-560 020.
4. MR. M. R. ARUN KUMAR
AGED ABOUT 53 YEARS,
SON OF MR. M. V. RANGANATH,
RESIDING AT NO.175, 1ST MAIN ROAD,
SESHADRIPURAM,
BANGALORE-560 020.
5. MRS. KAMALA KRISHNAMURTHY
AGED ABOUT 81 YEARS,
W/O. MR. N. S. KRISHNAMURTHY,
RESIDING AT NO.175/2, 1ST MAIN ROAD,
SESHADRIPURAM,
BANGALORE-560 020.
6. MR. N. S. KRISHNAMURTHY
AGED ABOUT 88 YEARS,
S/O. LATE N. R. SESHADRIIYENGAR,
RESIDING AT NO. 175/2,
1ST MAIN ROAD, SESHADRIPURAM,
BANGALORE - 560 020.
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MFA No. 7898 of 2023
7. MRS. TARA DWARAKANATH
AGED ABOUT 79 YEARS,
W/O. LATE B. T. DWARAKANATH,
RESIDING AT NO. 175/3,
1ST MAIN ROAD, SESHADRIPURAM,
BANGALORE - 560 020.
8. MRS. HEMA DWARAKANATH
AGED ABOUT 51 YEARS,
D/O. MR. LATE B. T. DWARKANATH,
RESIDING AT NO. 175/3,
1ST MAIN ROAD, SESHADRIPURAM,
BANGALORE - 560 020.
9. MR. NAGARAJ DWARAKANATH
AGED ABOUT 42 YEARS,
S/O. MR. B. T. DWARAKANATH,
RESIDING AT NO. 175/3,
1ST MAIN ROAD, SESHADRIPURAM,
BANGALORE - 560 020.
...RESPONDENTS
THIS MFA IS FILED U/S 37(1)(c) OF THE ARBITRATION
AND CONCILIATION ACT, 1996 R/W SECTION 13(1-A) OF
COMMERCIAL COURTS ACT AGAINST THE JUDGMENT AND
ORDER DATED: 03.08.2023 PASSED ON COM.A.A.NO.338/2022
ON THE FILE OF THE LXXXIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY (CCH-84), PARTLY
ALLOWING THE APPLICATION FILED UNDER SECTION 9 OF THE
ARBITRATION AND CONCILIATION ACT.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 7898 of 2023
JUDGMENT
1. The learned counsel for the appellants has filed a
memo dated 18.12.2023 seeking conversion of the above
Miscellaneous First Appeal into Commercial Appeal.
2. Memo dated 18.12.2023 is placed on record.
3. Accordingly, registry is directed to convert this
Miscellaneous First Appeal into Commercial Appeal and file
before the appropriate bench.
4. For statistical purpose, the appeal is disposed of.
Sd/-
JUDGE
HA
