M/S. Santhosh Shelter Pvt. Ltd vs Shri. T. C. Udaya Kumar
2023 Latest Caselaw 1924 Kant

                                             -1-
                                                    COMAP No. 195 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 17TH DAY OF MARCH, 2023
                                          PRESENT
                            THE HON'BLE MR. JUSTICE G.NARENDAR
                                             AND
                             THE HON'BLE MR. JUSTICE M.G.S. KAMAL
                             COMMERCIAL APPEAL NO. 195 OF 2022


                   BETWEEN:

                   1.    M/S. SANTHOSH SHELTER PVT. LTD.,
                         A COMPANY INCORPORATED UNDER THE
                         COMPANIES ACT, 2013
                         HAVING ITS REGISTERED OFFICE
Digitally signed         AT NO.206/2A, NAGVARAPALYA,
by C HONNUR
SAB                      C V RAMAN NAGAR,
Location: High           BENGALURU-560093,
Court of
Karnataka                REPRESENTED BY ITS
                         MANAGING DIRECTOR,
                         MR. SRINIVASAN K.

                   2.    MR SRINIVASAN KEERNATTI THIMMARAYAN
                         S/O KEERANATTI THIMMARAYAN,
                         R/A NO.6, MAMATHA FARM,
                         GADIGE MAIN ROAD, BOGADI VILLAGE,
                         KASABA HOBLI, MYSORE-570026.

                   3.    SMT M BHAGYARATHNA
                         W/O SRINIVASAN KEERANATTI THIMMARAYAN
                         R/A NO.06, MAMATHA FARM
                         GADIGE MAIN ROAD, BOGADI VILLAGE,
                         KASABA HOBLI, MYSORE-570026.
                                                             ...APPELLANTS
                   (BY SRI. GOUTHAM.M, ADV. FOR
                    SMT. PARVATHY R NAIR., ADV.)
                           -2-
                                  COMAP No. 195 of 2022




AND:

1.   SHRI. T.C. UDAYA KUMAR
     S/O CHANNABASAPPA,
     AGED ABOUT 54 YEARS,
     R/A NO.79/1, 1ST FLOOR,
     3RD CROSS, ASHOK NAGAR,
     BASAVANAGUDI,
     BENGALURU-560050.

2.   MR. GOVINDE GOWDA
     S/O KENCHE GOWDA,
     R/A 258/3, MAMATHA FARM,
     SBM LAYOUT, NEAR SBM ARCH,
     BOGADI, MYSORE-570026.

3.   MR GIRI GOWDA
     R/A 2510/3, MAMATHA FARM,
     SBM LAYOUT, NEAR SBM ARCH,
     BOGADI, MYSORE-570026.

4.   MR HONNE GOWDA
     R/A 2510/3, MAMATHA FARM,
     SBM LAYOUT, NEAR SBM ARCH,
     BOGADI, MYSORE-570026.
                                        ...RESPONDENTS
(R2 AND R3 - SERVED)


     THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13
OF THE COMMERCIAL COURTS ACT, 2013 READ WITH SECTION
37 OF THE ARBITRATION AND CONCILIATION ACT, 1996
PRAYING TO SET ASIDE THE ORDER DATED: 08.04.2022
PASSED BY THE LXXXVIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT), CCCH-
89 AT BENGALURU IN COM.A.A. NO. 198/2021 IN THE
INTERESTS OF JUSTICE AND EQUITY (ANNEXURE-A) ETC.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:
                                -3-
                                        COMAP No. 195 of 2022




                           JUDGMENT

A memo is preferred by the appellant praying leave to withdraw the appeal in view of the fact that arbitration proceedings have already commenced. The instant appeal being one arising out of the application filed under Section 9 of the Arbitration and Conciliation Act, 1996 is thereby rendered infructuous.

2. Memo is taken on record.

3. It is also prayed that the amount deposited pursuant to condition imposed by this Court while granting interim order on 05.05.2022 be directed to be released to the appellant.

4. Submission is also placed on record. In that view of the matter, the appeal is dismissed as withdrawn.

Registry shall refund the amount in deposit to the appellant after following due process of law.

Sd/-

JUDGE

Sd/-

JUDGE CHS