M/S S P R Sugars Pvt Ltd vs M/S G J Fernandus
2023 Latest Caselaw 7789 Kant

                                           -1-
                                                    NC: 2023:KHC:41126-DB
                                                      COMAP No. 5 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. 5 OF 2022
               BETWEEN:
                  M/S. S P R SUGARS PVT. LTD.
                  (A COMPANY INCORPORATED
                  UNDER THE COMPANIES ACT 1956)
                  HAVING OFFICE AT: NO.31/1
                  1ST FLOOR, KANAKAPURA ROAD
                  BASAVANAGUDI
                  BENGALURU-560 004
                  (REPRESENTED BY ITS MD)
                  SRI THIMME GOWDA.
                                                              ...APPELLANT
Digitally      (BY SRI. NAVEEN G S - ADVOCATE)
signed by D
K BHASKAR      AND:
Location:
High Court     1.   M/S G J FERNANDUS
of Karnataka        ENGINEERS & CONTRACTORS
                    HAVING OFFICE AT NO.13
                    IMPERIAL COURT
                    CUNNINGHAM ROAD
                    BENGALURU
                    (REPRESENTED BY ITS PROPRIETOR)
                    SRI G J FERNANDEZ.

               2.   HON'BLE MR. JUSTICE SRI T JAYARAM CHOUTA
                    JUDGE, HIGH COURT OF MADRAS (RETD)
                    NO.385, 5TH MAIN, 11TH CROSS,
                    RMV 2ND STAGE, BENGALURU-560094
                    (FORMAL PARTY).
                                                         ...RESPONDENTS
                   THIS COMAP / COMMERCIAL APPEAL U/S 13 OF
               COMMERCIAL COURTS ACT, 2015 R/W SECTION 37(1)(C) OF THE
                                  -2-
                                            NC: 2023:KHC:41126-DB
                                             COMAP No. 5 of 2022




ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO:
SET ASIDE THE JUDGMENT / ORDER OF THE TRIAL COURT IN
COM.A.S.NO. 69/2009 DATED 27/01/2020 PASSED BY THE 82ND
ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY.

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

Learned counsel Sri Naveen for the appellant 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.69/2009 dated 27.01.2020 partly

allowing the petition filed under Section 34(2) 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 appellant 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 of the said

NC: 2023:KHC:41126-DB COMAP No. 5 of 2022

provision is equally applicable to both the parties to lis.

Consequently, this appeal is dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

DKB