Malnad Traders vs Karnataka Food And Civil Supplies ...
2023 Latest Caselaw 3659 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
       DATED THIS THE 23RD DAY OF JUNE, 2023
                       PRESENT
        THE HON'BLE MR. JUSTICE ALOK ARADHE
                         AND
  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
             MFA NO.4678 OF 2020 (AA)
BETWEEN:

MALNAD TRADERS,
K R PURAM, SHIMOGA CITY,
A PARTNERSHIP FIRM,
REPRESENTED BY ITS
PARTNERS WHO ARE REPRESENTED
BY ITS GPA HOLDER,
SRI N H CHANNAVEERAPPA,
S/O LATE VEERAPPA,
AGED ABOUT 86 YEARS,
R/O NO.242, RAILWAY PARALLEL ROAD,
VINOBA NAGAR,
SHIMOGA - 577 204.                        ... APPELLANT
(BY SRI R GOPAL, ADVOCATE)

AND:
KARNATAKA FOOD AND CIVIL
SUPPLIES CORPORATION LIMITED,
REPRESENTED BY MANAGING DIRECTOR,
CAVERI BHAVAN, BANGALORE-09.             ... RESPONDENT

(BY SRI MURALIDHAR H.M, ADVOCATE)

   THIS MFA IS FILED UNDER SECTION 39 OF THE INDIAN
ARBITRATION ACT 1940, AGAINST THE JUDGMENT AND
DECREE DATED 19.03.2020 PASSED IN AROS.NO.11/1990 ON
THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M.,
SHIVAMOGGA, ALLOWING THE PETITION FILED UNDER
SECTION 151 RULE 17 OF ARBITRATION ACT, 1940.
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     THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 20.06.2023, COMING ON FOR PRONOUNCEMENT
OF JUDGMENT THIS DAY, ANANT RAMANATH HEGDE J.,
DELIVERED THE FOLLOWING:

                            JUDGMENT

This appeal is filed under Section 39 of the

Arbitration Act, 1940 (hereinafter referred to as the 'Act').

The appellant has impugned the judgment dated

19.03.2020 passed in AROS. No.11/1990 wherein the

award dated 3.7.1984 passed by the arbitrator is made the

decree of the Court.

2. It is also relevant to state that the same award

was the subject matter of challenge before the Senior Civil

Judge at Shivamogga and the award was confirmed by

judgment dated 22.07.2016 in AROS. No.11/1990.

3. Against the judgment dated 22.07.2016, the

present appellant has filed MFA No.7649/2016. This Court

by a separate judgment passed in the aforementioned

MFA No.7649/2016 has allowed the appeal and has set-

aside the impugned portion of the award granting one and

a half times the value of the stock being awarded as

damages and also the interest awarded thereon passed by

Arbitrator. Consequently, the judgment in AROS. No.

11/1990 is set-aside.

4. Since the above said appeal is allowed and award

passed by the arbitrator is set-aside and judgment in

AROS. No.11/1990 is also set-aside, this appeal deserves

to be allowed.

Hence, the following:

ORDER

(i) The judgment dated 19.03.2020 passed in

AROS. No. 11/1990 on the file of the Principal

Senior Civil Judge, Shivamogga is set-aside.

(ii) Accordingly, the appeal is allowed.

Sd/-

JUDGE

Sd/-

JUDGE brn