P Gopinatha Reddy vs The Commissioner
2023 Latest Caselaw 7787 Kant

                                          -1-
                                                  NC: 2023:KHC:41127-DB
                                                  COMAP No. 95 of 2022




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 17TH DAY OF NOVEMBER, 2023

                                      PRESENT
                       THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                         AND
                        THE HON'BLE MR JUSTICE RAJESH RAI K
                          COMMERCIAL APPEAL NO. 95 OF 2022
               BETWEEN:

               1.   P GOPINATHA REDDY
                    S/O LATE P CHINNATHAMBI REDDY
                    SINCE DEAD
                    REP BY HIS LRS
                    1) SMT P KAVITHA
                       W/O LATE GOPINATHA REDDY
                       AGED ABOUT 32 YEARS

                    2) SRI VISHWAK REDDY
                       S/O LATE GOPINATHA REDDY
Digitally              AGED ABOUT 35 YEARS,
signed by D
K BHASKAR              RESIDING AT NO.6
                       BEHIND SANDHYA THEATRE,
Location:
High Court             OLD MADIWALA
of Karnataka           BENGALURU-560068
                                                         ...APPELLANTS
               (BY SRI. SANJAY G - ADVOCATE)

               AND:
                  THE COMMISSIONER
                  BRUHAT BENGALURU MAHANAGARA PALIKE
                  N R SQUARE
                  BENGALURU-560002
                                                   ...RESPONDENT
               (BY SRI. RAMU S - ADVOCATE)

                    THIS COMAP / COMMERCIAL APPEAL FILED UNDER
               SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT
                                -2-
                                          NC: 2023:KHC:41127-DB
                                          COMAP No. 95 of 2022




R/W SECTION 13(1)(A) OF THE COMMERCIAL COURTS ACT,
PRAYING TO: SET ASIDE THE ORDERS DATED 13/12/2021
PASSED IN COM.A.S.NO. 61/2018 ON THE FILE OF THE
LXXXII-ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-83) AND CONSEQUENTLY SET ASIDE THE ARBITRAL
AWARD DATED 07/03/2017 PASSED IN A.C.NO. 06/2016 BY
THE LEARNED SOLE ARBITRATOR TO THE EXTENT OF THE
CLAIM DENIED TO THE APPELLANT.

     THIS COMAP, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
                          JUDGMENT

Learned counsel Sri Sanjay G for the appellants is on

record, but there is no representation either through video

conference or present before the Court physically.

This appeal is filed challenging the judgment/order passed

by the trial Court in Com.A.S.No.61/2018 dated 13.12.2021

dismissing the petition filed under Section 34 of the Arbitration

and Conciliation Act, 1996, by urging various grounds.

This appeal has come up for non-compliance of office

objections for the fifth time. But neither the appellants nor the

counsel are either diligent or vigilant to cure the defects under

the curial law.

As per Section 151 of CPC - Nothing in this Code shall be

deemed to limit or otherwise affect the inherent power of the

Court to make such orders as may be necessary for the ends of

justice or to prevent abuse of the process of the Court. The scope

NC: 2023:KHC:41127-DB COMAP No. 95 of 2022

of the said provision is equally applicable to both the parties to

lis. Consequently, this appeal is dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

DKB