Sri C R Shivashankar vs M/S Arka Educational And Cultural Trust
2024 Latest Caselaw 19886 Kant

Karnataka High Court

Sri C R Shivashankar vs M/S Arka Educational And Cultural Trust on 7 August, 2024

                                               -1-
                                                       NC: 2024:KHC:31500-DB
                                                        MFA No. 4330 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 7TH DAY OF AUGUST, 2024

                                            PRESENT
                           THE HON'BLE MRS JUSTICE ANU SIVARAMAN
                                              AND
                            THE HON'BLE MR JUSTICE G BASAVARAJA
                   MISCELLANEOUS FIRST APPEAL NO. 4330 OF 2024 (AA)
                   BETWEEN:

                   1.    SRI C R SHIVASHANKAR
                         S/O LATE SRI. RAMAIAH, AGED ABOUT 75 YEARS,

                   2.    SMT.K.M.SUMITRA
                         W/O SRI. C.R. SHIVASHANKAR, AGED ABOUT 67
                         YEARS,

                   3.    SRI.S.SREEDHAR
                         S/O SRI. SHIVASHANKAR AGED ABOUT 48 YEARS,

                         ALL RESIDING AT NO.462,
Digitally signed         18TH MAIN ROAD,
by NANDINI D
                         80 FEET ROAD,
Location: High
Court of                 IDEAL HOMES TOWNSHIP,
Karnataka
                         RAJARAJESHWARI NAGAR,
                         BENGALURU 560098
                                                               ...APPELLANTS
                   (BY SRI. DEVARAJ G., ADVOCATE)

                   AND:

                   1.    M/S ARKA EDUCATIONAL AND CULTURAL TRUST
                         HAVING ITS REGISTERED OFFICE AT
                         NO.91/2, DR. A N KRISHNA RAO ROAD
                            -2-
                                    NC: 2024:KHC:31500-DB
                                     MFA No. 4330 of 2024




     V V PURAM
     BEGNALURU-560004.
     REP.BY ITS MANAGING TRUSTEE
     SRI CHENRAJ ROYCHAND

2.   SRI CHENRAJ ROYCHAND
     THE MANAGING TRUSTEE OF
     M/S ARKA EDUCATIONAL AND CULTURAL TRUST,
     NO.91/2, DR. A N KRISHNA RAO ROAD
     V V PURAM
     BENGALURU-560004.
                                        ...RESPONDENTS
     MFA FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
DATED 01.04.2024 PASSED IN COM AP.NO.168/2023 ON THE
FILE OF THE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, COMMERCIAL COURT, BENGALURU CCH-85, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 34 OF THE
ARBITRATION AND CONCILLIATION ACT.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MRS JUSTICE ANU SIVARAMAN
          and
          HON'BLE MR JUSTICE G BASAVARAJA


                     ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)

Learned counsel for the appellant has filed a memo

seeking leave of the Court to convert the appeal into

Commercial Appeal. Memo is placed on record. Counsel is

NC: 2024:KHC:31500-DB

permitted to convert this Miscellaneous First Appeal into

Commercial Appeal.

Appeal accordingly stands disposed for statistical

purpose.

Sd/-

(ANU SIVARAMAN) JUDGE

Sd/-

(G BASAVARAJA) JUDGE

LNN