Puravankara Limited vs Sudharshan Umeshchandra Joshi
2024 Latest Caselaw 19582 Kant

Karnataka High Court

Puravankara Limited vs Sudharshan Umeshchandra Joshi on 5 August, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                       -1-
                                               NC: 2024:KHC:30932-DB
                                              COMAP No. 120 of 2021




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 5TH DAY OF AUGUST, 2024

                                    PRESENT
                    THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                       AND
                      THE HON'BLE MR JUSTICE S RACHAIAH
                      COMMERCIAL APPEAL NO. 120 OF 2021
             BETWEEN:
                 PURAVANKARA LIMITED
                 EARLIER CALLED AS
                 M/S PURAVANKARA PROJECTS LIMITED
                 A COMPANY INCORPORATED UNDER
                 COMPANIES ACT 1956, HAVING ITS
                 REGISTERED OFFICE AT
                 NO 130/1, ULSOOR ROAD
                 BENGALURU 560042
                 REPRESENTED BY ITS
Digitally signed AUTHORISED SIGNATORY
by SUMATHY
KANNAN           MR B PRAVEEN KUMAR.
                                                        ...APPELLANT
Location: High
Court of         (BY SRI. MOHAN C - ADVOCATE FOR SRI. SANJAY NAIR -
Karnataka
                 ADVOCATE)

             AND:
                SUDHARSHAN UMESHCHANDRA JOSHI
                S/O LATE UMESHCHANDRA MADAV JOSHI
                AGED ABOUT 72 YEARS
                RESIDING AT NO 107
                ATHARVA HINDU COLONY
                DADAR, MUMBAI 400014.
                                                      ...RESPONDENT
             (BY SRI. P. USMAN - ADVOCATE)
                              -2-
                                       NC: 2024:KHC:30932-DB
                                     COMAP No. 120 of 2021




     THIS COMAP, FILED UNDER SECTION 13(1A) OF THE
COMMERCIAL COURTS ACT 2015 READ WITH SECTION 37 OF
THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO
SET ASIDE THE JUDGMENT DATED 29.06.2021 PASSED BY
HON'BLE LXXXVII-ADDL. CITY CIVIL & SESSIONS JUDGE,
(EXCLUSIVE DEDICATED COMMERCIAL COURT) AT BENGALURU
IN COMM.A.S.NO.115/2015 AND FURTHER DISMISS THE SAID
COMM.A.S. NO.115/2015.

    THIS COMAP, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:      HON'BLE MR JUSTICE K.SOMASHEKAR
            AND
            HON'BLE MR JUSTICE S RACHAIAH


                     ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This appeal is directed against the judgment and

decree/award rendered by the Court of LXXXVII Addl.City

Civil and Sessions Judge, in Com.A.S.No.115/2015 dated

29.06.2021 vide Annexure - A.

Whereas the operative portion of the above said

judgment indicates as "The suit filed by the plaintiff u/s 34

of Arbitration and Conciliation Act, 1996 is hereby allowed.

No costs. The award, dated 10.04.2015 r/w clarification

order dated 30.06.2015, arising out of CMP.No.167/2010

on the file of the 2nd defendant is hereby set aside."

NC: 2024:KHC:30932-DB

Learned counsel Sri Mohan C is present and

represents Sri Sanjay Nair, learned counsel for the

appellant. Learned counsel Sri P Usman for the respondent

is present.

In the meanwhile, learned counsel for the appellant

has filed a memo seeking withdrawal of the appeal as not

pressed. Therefore, memo is taken on record. Appellant

is permitted to withdraw the appeal as not pressed.

In view of withdrawal of the appeal, if any,

interlocutory application pending, stands disposed of.

Sd/-

(K.SOMASHEKAR) JUDGE

Sd/-

(S RACHAIAH) JUDGE

RJ