M/S Eagle-Mpcc (Jv) vs The Chief Administrative ...
2023 Latest Caselaw 2983 Kant

                                       -1-
                                               COMAP No.200 of 2022




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 7TH DAY OF JUNE, 2023
                                    PRESENT
                      THE HON'BLE MR. JUSTICE ALOK ARADHE
                                       AND
                  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                      COMMERCIAL APPEAL NO.200 OF 2022 (AA)


             BETWEEN:

                  M/S. EAGLE - MPCC (JV)
Digitally
signed by         A REGISTERED FIRM AND
RUPA V            HAVING ITS REGISTERED OFFICE
Location:         AT NO.16, S C S COMPLEX
High Court        SOUTH CAR STREET
of                TIRUCHENGODE 637211
Karnataka
                  NAMAKKAL DISTRICT
                  TAMIL NADU
                  COMPRISING ITS CONSTITUENTS, NAMELY,

             1.   EAGLE EARTH MOVERS
                  A SOLE PROPRIETORSHIP CONCERN
                  REPRESENTED BY ITS SOLE PROPRIETOR
                  MR. U.R. SUBRAMANIAM
                  SON OF MR. RAMASWAMY
                  AGED ABOUT 52 YEARS
                  RESIDING AT NO.14, S C S COMPLEX
                  SOUTH CAR STREET, TIRUCHENGODE
                  NAMAKKAL DISTRICT, TAMIL NADU 637211.

             2.   M.P. CONSTRUCTION CO.
                  A SOLE PROPRIETORSHIP CONCERN
                  REPRESENTED BY ITS SOLE PROPRIETOR
                  MR. M. PADMANABHAN
                  SON OF MR. MANICKAM
                  AGED ABOUT 51 YEARS
                  HAVING HIS OFFICE AT NO 10
                  JAI NAGAR, 3RD STREET
                           -2-
                                    COMAP No.200 of 2022




     ARUMBAKKAM,
     CHENNAI 600106.
                                           ...APPELLANTS
(BY SRI. BHANUPRAKASH V.G. ADV.,)
AND:

1.   THE CHIEF ADMINISTRATIVE
     OFFICER/CONSTRUCTION
     SOUTH WESTERN RAILWAY
     18, MILLERS ROAD, BANGALORE
     CANTONMENT, BANGALORE 560046.
                                          ...RESPONDENT
                          ---

     THIS COMAP IS FILED UNDER SECTION 37 OF THE
ARBITRATION AND CONCILIATION ACT, 1996 R/W ORDER XLI
OF THE CPC, PRAYING TO SET ASIDE THE JUDGMENT DATED
19.01.2022 PASSED IN COM.AA.NO.167/2021 BY THE
LEARNED LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE (CCH-85) (COMMERCIAL COURT) BENGALURU,
PRODUCED AS ANNEXURE-A & ETC.,

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

                       JUDGMENT

This appeal under Sections 13(1) and 13(1-A) of

the Commercial Courts Act, 2015 has been filed against

an order dated 19.01.2022 passed by the Commercial

Court by which petition filed by the appellant under

Section 9 of the Arbitration and Conciliation Act, 1996

has been rejected.

COMAP No.200 of 2022

2. It is not in dispute that the amount in respect of

which the appellant sought the relief under Section 9 of

the Arbitration and Conciliation Act, has already been

recovered from the appellant. The validity of the action

of the respondent in recovering the amount from the

appellant shall be adjudged by the Arbitrator who may

be appointed to adjudicate the dispute.

3. At this point of time, nothing survives for

adjudication in this appeal as the amount has already

been recovered from the appellant.

The appeal is therefore disposed of.

Consequently, pending interlocutory application is

also disposed of.

Sd/-

JUDGE

Sd/-

JUDGE RV