M/S. Radha Madhav Automobiles ... vs M/S. Toyota Kirloskar Motor ...
2023 Latest Caselaw 4662 Kant

                                        -1-
                                                NC: 2023:KHC:25070-DB
                                                 COMAP No.189 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.189 OF 2023
               BETWEEN:

               1.   M/S. RADHA MADHAV AUTOMOBILES PVT. LTD.,
                    THE CLAIMANT IS REPRESENTED BY
                    ITS DIRECTOR, MR. M. V. SRINIVAS
                    CORPORATE OFFICE OF THE CLAIMANT
Digitally
signed by           H.NO.4-151, NH-5, PRASADAMPADU
RUPA V              VIJAYAWADA, ANDHRA PRADESH-521108
                    REGISTERED OFFICE OF THE CLAIMANT
Location:           H.NO.5-110, NH-5, BESIDES A.P SEEDS
High Court
of Karnataka        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.,)
                           -2-
                                   NC: 2023:KHC:25070-DB
                                    COMAP No.189 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 IN ARBITRATION 4/2023.      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 HONBLE 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:25070-DB COMAP No.189 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