M/S Yashoda Krishna Automobiles ... vs M/S Toyota Kirloskar Motor ...
2023 Latest Caselaw 4664 Kant

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                                                NC: 2023:KHC:25069-DB
                                                 COMAP No.187 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.187 OF 2023
               BETWEEN:

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

               1.   M/S. TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED
                    PLOT NO.01, BIDADI INDUSTRIAL AREA
                    RAMANAGARA DISTRICT - 562109
                    KARNATAKA, INDIA.
                    REPRESENTED BY ITS DIRECTOR (MARKETING).

                                                        ...RESPONDENT
               (BY SRI. UDAYA HOLLA, SR. COUNSEL FOR
                   SRI. VIVEK HOLLA, ADVS.,)
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                                 NC: 2023:KHC:25069-DB
                                  COMAP No.187 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 HON'BLE SOLE ARBITRATOR
HONBLE MR. JUSTICE R.V. RAVEENDRAN, IN IA NO.2 AND 3
OF 2023 IN ARBITRATION 2/2023. 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:25069-DB COMAP No.187 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