Smt. Rani Shashikala Devi vs Tower Vision India Pvt Ltd
2023 Latest Caselaw 9359 Kant

Karnataka High Court

Smt. Rani Shashikala Devi vs Tower Vision India Pvt Ltd on 5 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                          NC: 2023:KHC:43860
                                                        MFA No. 8885 of 2018




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                           BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 8885 OF 2018 (AA)
                   BETWEEN:

                   SMT. RANI SHASHIKALA DEVI
                   W/O. MADAN GOPAL NAYAK
                   R/AT PLOT NO 8, HOUSE NO. 1-892/72
                   OLD JEWARGI ROAD, GULBARGA
                                                                ...APPELLANT
                   (BY SRI. JAYASREE NARASIMHAN.,ADVOCATE &
                   SMT. UDITHA RAMESH, ADVOCATE)
                   AND:

                   TOWER VISION INDIA PVT LTD
                   A COMPANY REGISTERED
                   UNDER THE COMPANIES ACT
                   REP BY ITS ASST. MANAGER - LEGAL
                   MR. AZEEZ K A
                   REGISTERED OFFICE AT L-2A
Digitally signed
by                 HAUZ KHAS ENCLAVE
DHANALAKSHMI
MURTHY             NEW DELHI 110016.
Location: High     ALSO AT CIRCLE OFFICE
Court of
Karnataka          NO. 1/2, 3RD FLOOR
                   KALYANAMANTAPA ROAD
                   JAKKASANDRA, KORAMANGALA
                   BENGALURU-560034
                                                              ...RESPONDENT
                   (BY SRI.N.SHIVAKUMAR., ADVOCATE )

                        THIS MFA IS FILED UNDER SECTION 37(1)(b) OF
                   ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
                   DATED 22.09.2018, PASSED ON IA.NO.I, IN AA. NO.101/2017,
                   ON THE FILE OF THE LX ADDITIONAL CITY CIVIL & SESSIONS
                                   -2-
                                             NC: 2023:KHC:43860
                                           MFA No. 8885 of 2018




JUDGE, BENGALURU (CCH-61), ALLOWING THE IA.NO.1, FILED
UNDER SECTION 9 OF ARBITRATION AND CONCILIATION ACT,
1966 R/W. UNDER ORDER 39 RULE 1 AND 2 OF CPC.

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


                           JUDGMENT

1. Learned counsel for respondent has filed a memo

dated 05.12.2023 stating that in view of arbitration

proceeding itself has been disposed of vide order dated

30.07.2022, the present appeal does not survive for

consideration and the same has become infructuous.

2. Memo filed by respondent dated 05.12.2023 is taken

on record.

3. The present appeal is dismissed as having

become infructuous.

4. All pending applications are also disposed of.

Sd/-

JUDGE

HA