M/S. Uma Estates And Projects (P) ... vs M/S. Bearys Properties And ...
2023 Latest Caselaw 3524 Kant

                                            -1-
                                                   NC: 2023:KHC:21194
                                                   COMAP No. 332 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 20TH DAY OF JUNE, 2023

                                         PRESENT
                          THE HON'BLE MR JUSTICE ALOK ARADHE
                                           AND
                     THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                        COMMERCIAL APPEAL NO. 332 OF 2022 (AA)
                   BETWEEN:

                   M/S. UMA ESTATES AND PROJECTS (P) LTD.,
                   FORMERLY KNOWN AS,
                   M/S. UMA SOUMYA ESTATES PVT. LTD.,
                   A COMPANY INCORPORATED UNDER THE
                   COMPANIES ACT, HAVING ITS REGISTERED OFFICE
                   AT 8-2-703/A/6/B/, ROAD NO.12,
                   BANJARA HILLS, HYDRABAD - 500 034,
                   REPRESENTED BY ITS DIRECTOR,
                   MR. G. SRIDHAR REDDY.
                                                             ...APPELLANT
                   (BY MS. DHARSHINI, ADVOCATE FOR
                    SRI AJAY RAO, ADVOCATE)
                   AND:
Digitally signed
by BELUR
RANGADHAMA         M/S. BEARYS PROPERTIES AND
NANDINI
Location: HIGH
                   DEVELOPMENT PVT LTD.,
COURT OF           A COMPANY INCORPORATED UNDER THE
KARNATAKA
                   COMPANIES ACT,
                   (ERSTWHILE BEARYS PROPERTIES AND
                   DEVELOPMENT), AT BEARYS HORIZON,
                   NO.21, WOODS STREET,
                   BANGALORE-25, REPRESENTED BY ITS DIRECTOR,
                   MR. SYED MOHAMED BEARY.



                                                           ...RESPONDENT
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                                     NC: 2023:KHC:21194
                                      COMAP No. 332 of 2022




      THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A)
OF THE COMMERCIAL COURTS ACT 2015 R/W SECTION 37 (1) (C)
OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO:
A) CALL FOR THE RECORDS AND SET-ASIDE THE ORDER DATED
21/04/2022 PASSED BY THE LXXXVII ADDL. CITY CIVIL AND
SESSIONS     JUDGE,  BENGALURU      (EXCLUSIVE   DEDICATED
COMMERCIAL COURT) (CCH-88) IN COM.A.P. NO.39/2021 AT
ANNEXURE- A AND CONSEQUENTLY SET-ASIDE THE AWARD DATED
08/01/2021 AT ANNEXURE-B PASSED BY THE HON'BLE ARBITRAL
TRIBUNAL (WHICH WAS CONSTITUTED AS PER THE ORDERS IN CMP
NO. 284/2015), ALLOW THE CLAIM PETITION FILED BY THE
APPELLANT AND CONSEQUENTLY REJECT THE COUNTER CLAIM
FILED BY THE RESPONDENT AND ETC.,

     THIS APPEAL COMING ON FOR HEARING ON IA, THIS DAY
ALOK ARADHE J., DELIVERED THE FOLLOWING:
                         JUDGMENT

Ms.Darshini, learned counsel for the appellant submits

that the dispute between the parties has been amicably settled

and she shall file a memo seeking leave of the Court to

withdraw the appeal during the course of the day.

2. The aforesaid submission is placed on record.

3. Appeal is dismissed as withdrawn. Pending I.A. is

also disposed of.

Sd/-

JUDGE

Sd/-

JUDGE BRN