Union Of India vs M/S. Essvy Constructions
2023 Latest Caselaw 2771 Kant

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                                                  COMAP No.435 of 2022




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 1ST DAY OF JUNE, 2023
                                       PRESENT
                        THE HON'BLE MR. JUSTICE ALOK ARADHE
                                          AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                                COMAP NO.435 OF 2022
               BETWEEN:

               1.   UNION OF INDIA
                    REPRESENTED BY ITS DEPUTY CHIEF
Digitally
signed by           ENGINEER/CONSTRUCTION/DVG
RUPA V              SOUTH WESTERN RAILWAY
Location:           OLD GMS OFFICE, CLUB ROAD
High Court          KESHWAPUR, HUBLI-580 023.
of Karnataka                                                ...APPELLANT
               (BY SRI. SHIVAKUMAR, ADV., (ABSENT))
               AND:

               1.   M/S. ESSVY CONSTRUCTIONS
                    PLOT NO. 68, FIRST FLOOR
                    RADHASWAMY COLONY
                    SIKH ROAD, SIKH VILLAGE
                    SECUNDERABAD-500 009.

               2.   SRI. MANJUNATHA RAO
                    PRESIDING ARBITRATOR
                    FLAT NO. A/506
                    MITTAL PRIDE APARTMENTS
                    OPPOSITE TO JWALA FLOUR MILLS
                    MANADAWADI ROAD
                    MYSURU-570 008.

               3.   SRI. MAHENDER
                    CO-ARBITRATOR
                    DY.CE/PLANNING/SWR/UBL
                    OFFICE OF THE G.M.'S
                    3RD FLOOR, NEW G.M.'S OFFICE BUILDING
                            -2-
                                   COMAP No.435 of 2022




     GADAG ROAD
     HUBLI-580 020.

4.   SRI. BUTCHI VENKATA RAO GANTA
     CO-ARBITRATOR
     DY.CE/BRIDGLINE/UBL
     OFFICE OF THE G.M., 3RD FLOOR
     NEW G.M.S OFFICE BUILDING
     GADAG ROAD, HUBLI-580 020.

                                          ...RESPONDENTS
     THIS COMAP IS FILED UNDER SECTION 37 OF
ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO
CALL FOR TRIAL COURT RECORDS AND BE PLEASED TO PASS
SUITABLE ORDERS TO SET ASIDE THE IMPUGNED ORDER
DATED 09/06/2022 PASSED BY THE LEARNED LXVI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-67) IN
A.S.NO.163/2017, VIDE ANNEXURE-A. PASS SUCH OTHER
ORDERS AS THIS HONBLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE PRESENT CASE.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                       JUDGMENT

None for the appellant.

A memo has been filed seeking leave of this Court

to withdraw the appeal with liberty to file fresh

miscellaneous first appeal under Section 37 of the

Arbitration and Conciliation Act, 1996.

The aforesaid memo is taken on record.

COMAP No.435 of 2022

2. The appellant is permitted to withdraw the case

with liberty to file fresh miscellaneous first appeal under

Section 37 of the Arbitration and Conciliation Act, 1996.

Office is directed to return the original documents

filed along with the case, to the appellant.

Accordingly, the appeal is dismissed as withdrawn

with liberty as aforesaid.

Consequently, the pending interlocutory

applications are also dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RV