M/S Leela Krishna Automobiles ... vs M/S Toyota Kirloskar Motor ...
2023 Latest Caselaw 4661 Kant

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                                                 NC: 2023:KHC:25071-DB
                                                  COMAP No.195 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 19TH DAY OF JULY, 2023
                                       PRESENT
                        THE HON'BLE MR. JUSTICE ALOK ARADHE
                                         AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                          COMMERCIAL APPEAL NO.195 OF 2023
               BETWEEN:

               1.   M/S. LEELA KRISHNA AUTOMOBILES PVT. LTD.,
                    THE CLAIMANT IS REPRESENTED BY ITS
Digitally           DIRECTOR, MR. M.V. SRINIVAS
signed by           CORPORATE OFFICE AT THE CLAIMANT
RUPA V              H.NO.4-151, NH-5
Location:           PRASADAMPADU
High Court          VIJAYAWADA, ANDHRA PRADESH-521108.
of Karnataka
                    REGISTERED OFFICE OF THE CLAIMANT
                    H.NO.5-110, NH-5, BESIDES A P SEEDS
                    CORPORATION, PRASADAMPADU
                    VIJAYAWADA, KRISHNA DISTRICT
                    ANDHRA PRADESH-521108.
                                                           ...APPELLANT
               (BY MS. KRISHMA NEDUNGADI, ADV.,)
               AND:

               1.   M/S. TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED
                    PLOT NO.1, BIDADI INDUSTRIAL AREA
                    RAMANAGARA DISTRICT-562109
                    KARNATAKA, INDIA
                    REPRESENTED BY ITS DIRECTOR (MARKETING).

                                                          ...RESPONDENT
               (BY SRI. UDAY HOLLA, SR. COUNSEL FOR
                   SRI. VIVEK HOLLA, ADVS.,)
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                                  NC: 2023:KHC:25071-DB
                                   COMAP No.195 of 2023




     THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER

SECTION 37 (2) (B) OF THE ARBITRATION AND CONCILIATION

ACT, 1996, PRAYING TO SET ASIDE THE ORDER DATED

17.03.2023 PASSED BY THE HONBLE SOLE ARBITRATOR

HONBLE MR. JUSTICE R.V. RAVEENDRAN, IN IA NO.2 AND 3

OF 2023. SUSPEND THE EFFECT AND OPERATION OF LETTER

DATED 01/06/2022 ISSUED BY THE RESPONDENT AND

DIRECT THE RESPONDENT TO        PERMIT THE APPELLANT TO

CONTINUE ITS DEALERSHIP OPERATIONS ON DAY TO DAY

HOLDING OVER BASIS AND PASS SUCH OTHER ORDER/S AS

THIS HON'BLE COURT DEEMS FIT AND PROPER IN THE

INTEREST OF JUSTICE AND EQUITY.


     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,

ALOK ARADHE J., DELIVERED THE FOLLOWING:


                      JUDGMENT

Miss. Krishma Nedungadi, learned counsel for the

appellant has filed a memo seeking leave of this Court to

withdraw the appeal with liberty to approach the

Commercial Court. The aforesaid memo is taken on

record.

NC: 2023:KHC:25071-DB COMAP No.195 of 2023

Needless to state that the appellant shall be

entitled to the benefit of principles contained in Section

14 of the Limitation Act, 1963.

Accordingly, the appeal is disposed of in terms of

liberty prayed for.

Sd/-

JUDGE

Sd/-

JUDGE

RV