P Gopinatha Reddy S/O Late P. ... vs The Commissioner
2023 Latest Caselaw 8004 Kant

Karnataka High Court

P Gopinatha Reddy S/O Late P. ... vs The Commissioner on 21 November, 2023

Author: K.Somashekar

Bench: K.Somashekar

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                                                         NC: 2023:KHC:41835-DB
                                                         COMAP No. 93 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 21ST DAY OF NOVEMBER, 2023

                                            PRESENT

                             THE HON'BLE MR JUSTICE K.SOMASHEKAR

                                               AND

                              THE HON'BLE MR JUSTICE RAJESH RAI K

                               COMMERCIAL APPEAL NO.93 OF 2022

                   BETWEEN:

                   P. GOPINATHA REDDY
                   S/O. LATE P. CHINNATHAMBI REDDY
                   SINCE DEAD REP. BY HIS LR's.

                   1.   SMT. P. KAVITHA
                        W/O. LATE GOPINATHA REDDY,
                        AGED ABOUT 32 YEARS,

                   2.   SRI VISHWAK REDDY
                        S/O. LATE GOPINATH REDDY,
                        AGED ABOUT 35 YEARS,

                         BOTH ARE RESIDING AT NO.6,
Digitally signed by
MAHALAKSHMI B M          BEHIND SANDHYA THEATRE,
                         OLD MADIWALA, BENGALURU - 560 068.      ... APPELLANTS
Location: HIGH
COURT OF
KARNATAKA           (BY SRI SANJAY G., ADVOCATE (ABSENT))

                   AND:

                   THE COMMISSIONER,
                   BRUHAT BENGALURU MAHANAGARA PALIKE,
                   N.R. SQURE, BENGALURU - 560 002.              ... RESPONDENT

                   (BY SRI RAMU S., ADVOCATE FOR C/R (ABSENT))

                        THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37 OF
                   THE ARBITRATION AND CONCILIATION ACT R/W SECTION 13(1)(A)
                   OF THE COMMERCIAL COURTS ACT, PRAYING THAT THIS HON'BLE
                   COURT MAY BE PLEASED TO SET ASIDE THE ORDERS DATED
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                                     NC: 2023:KHC:41835-DB
                                     COMAP No. 93 of 2022




13/12/2021 PASSED IN COM.A.S.NO.41/2018 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.07/2016 BY THE LEARNED SOLE
ARBITRATOR TO THE EXTENT OF THE CLAIM DENIED TO THE
APPELLANT.

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

                       JUDGMENT

Sri. Sanjay .G, learned counsel who is on record for

the appellant but there is no representation either through

video conference or present before the Court physically.

2. Sri. Ramu .S, learned counsel has come on

record by filing a caveat petition under Section 148A of

CPC on behalf of the respondent.

3. The present appeal is preferred by the appellant

challenging the impugned judgment and decree rendered

by the Court below in Com. A.S. No.41/2018 dated

13.12.2021. However, the office note reveals that the

matter has come up for compliance of office objections for

the fifth time. Neither the appellant nor counsel for the

appellant came forward to cure the defects under curial

NC: 2023:KHC:41835-DB

law.

4. Keeping in view Section 151 of the Code of Civil

Procedure, which states that the inherent powers of this

Court must be exercised judiciously and more so to secure

the ends of justice, which is applicable to both parties to

the proceedings, this appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

MBM