Bohemian Soul Hospitality vs Schloss Bangalore Private ...
2023 Latest Caselaw 3159 Kant

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                                                   NC: 2023:KHC:19975
                                                  COMAP No.217 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 12TH DAY OF JUNE, 2023
                                      PRESENT
                        THE HON'BLE MR. JUSTICE ALOK ARADHE
                                         AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                                COMAP NO.217 OF 2023
               BETWEEN:

Digitally      1.   BOHEMIAN SOUL HOSPITALITY
signed by           A REGISTERED PARTNERSHIP FIRM
RUPA V              HAVING OFFICE AT 172/177, 2ND A CROSS
Location:           NEW BEL ROAD, R K GARDENS
High Court          BENGALURU-560054
of Karnataka        REPRESENTED BY ITS PARTNER
                    MR. EHTISHAM ALAM.
                                                            ...APPELLANT
               (BY SRI. SYED KHAMRUDDIN, ADV.,)
               AND:

               1.   SCHLOSS BANGALORE PRIVATE LIMITED
                    HAVING OFFICE AT
                    SCHLOSS BANGALORE PRIVATE LIMITED
                    THE LEELA PALACE
                    DIPLOMATIC ENCLAVE
                    AFRICA AVENU, NETAJI NAGAR
                    NEW DELHI-110023
                    REPRESENTED BY ITS AUTHORISED SIGNATORY
                    MR. SUBRAT SINHA.
                                                       ...RESPONDENT
               (BY SRI. JOSEPH ANTHONY, ADV., FOR C/R)

                    THIS COMAP IS FILED UNDER SECTION 13 (1-A) OF THE
               COMMERCIAL COURTS ACT, 2015 R/W SECTION 37 (1) (A) OF
               THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO
               SET ASIDE THE ORDER DATED 06.06.2023 PASSED BY THE
               HONBLE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE
               COMMERCIAL COURT BANGALORE        (CCH-83) IN COM. A.A
               NO.171/2023 DISMISSING THE MAIN APPLICATION FILED BY
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                                     NC: 2023:KHC:19975
                                    COMAP No.217 of 2023




THE APPELLANTS UNDER SECTION 9 OF THE ARBITRATION
AND CONCILIATION ACT, 1996 (AT ANNEXURE A). ALLOW THE
APPLICATION FILED BY THE APPELLANTS UNDER SECTION 9
OF THE ARBITRATION AND CONCILIATION ACT, 1996 ON COM.
A.A NO. 171/2023. GRANT COSTS AND SUCH OTHER RELIEFS
AS THIS HONBLE COURT BE DEEM FIT TO DO, IN THE
CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF
JUSTICE AND EQUITY.

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

                       JUDGMENT

Mr.Syed Khamruddin, learned counsel for the

appellant.

Mr.Joseph Anthony, learned counsel for the

respondent.

This appeal under Section 13(1)(a) of the

Commercial Courts Act, 2015, has been filed against

judgment dated 06.06.2023 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.

2. When the matter was called today, learned

counsel for the respondent submitted that the dispute

NC: 2023:KHC:19975 COMAP No.217 of 2023

between the parties has been amicably settled. He has

produced a copy of joint memo of settlement which is

taken on record. However, learned counsel for the

appellant submits that he has no instructions with

regard to amicable settlement.

3. In view of aforesaid submission made by the

learned counsel for the respondent, since the dispute

has been amicably settled, nothing survives for

adjudication in this appeal.

Accordingly, the appeal is disposed of in terms of

compromise arrived at between the parties.

Consequently, pending interlocutory applications

are also disposed of.

Sd/-

JUDGE

Sd/-

JUDGE RV