N.L. Linge Gowda vs M/S Indian Oil Corporation
2024 Latest Caselaw 6004 Kant

Karnataka High Court

N.L. Linge Gowda vs M/S Indian Oil Corporation on 28 February, 2024

                                             -1-
                                                       NC: 2024:KHC:8346
                                                    MFA No. 4212 of 2020




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 28TH DAY OF FEBRUARY, 2024

                                        BEFORE
                          THE HON'BLE MR JUSTICE R. NATARAJ
               MISCELLANEOUS FIRST APPEAL NO. 4212 OF 2020 (AA)
               BETWEEN:

                     N.L. LINGE GOWDA,
                     AGED ABOUT 57 YEARS,
                     S/O SRI. LINGAIAH,
                     NO.678/E, 8TH CROSS,
                     9TH MAIN, HBR LAYOUT,
                     BENGALURU - 560 043.
                                                              ...APPELLANT
               (BY SRI. SUBHASH SRINIVASA RANGACHAR, ADVOCATE)

               AND:

               1.    M/S INDIAN OIL CORPORATION,
                     BENGALURU DIVISION OFFICE,
                     NO.29, P. KALINGA RAO ROAD,
Digitally            BENGALURU - 560 027.
signed by BS
RAVIKUMAR
               2.    SRI. KUKKEJE RAMAKRISHNA BHAT,
Location:
HIGH                 S/O LATE SRI. K. MAHABALA BHAT,
COURT OF
KARNATAKA            AGED ABOUT 74 YEARS,
                     DISTRICT AND SESSIONS JUDGE (RETD.)
                     R/AT NO.2, 1ST CROSS, 1ST MAIN ROAD,
                     JUDICIAL OFFICERS LAYOUT,
                     SANJAYNAGAR, RMV 2ND STAGE,
                     BENGALURU - 560 094.
                                                            ...RESPONDENTS
               (BY SRI. VACHAN, ADVOCATE FOR R1;
                   VIDE ORDER DATED 24.02.2021 NOTICE TO R2
                   DISPENSED WITH)
                                    -2-
                                                NC: 2024:KHC:8346
                                           MFA No. 4212 of 2020




        THIS MFA IS FILED U/S.37(1)(C) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT AND
AWARD DATED 05.03.2020 PASSED IN A.S.NO.85/2014 ON
THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCH-11), PARTLY ALLOWING THE SUIT
FILED      U/S.34(1)   AND   (2)    OF   THE   ARBITRATION   AND
CONCILIATION ACT, 1996.

        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                             JUDGMENT

A memo is filed by the learned counsel for respondent

No.1 to transfer this appeal to the Commercial Appellate

Division of this Court. It is stated in the memo that the subject

matter of this appeal exceeds a sum of Rs.3,00,000/- which is

the specified value under Section 2(1)(i) of the Commercial

Courts Act, 2015.

2. Learned counsel for the appellant does not seriously

dispute the fact that subject matter of the award by the

Arbitrator exceeded a sum of Rs.3,00,000/- and that the

subject matter of the dispute is commercial in nature. In that

view of the matter, list this appeal before the Commercial

Appellate Division of this Court.

NC: 2024:KHC:8346

3. Learned counsel for the appellant is directed to file

a second set of the appeal memorandum along with all

enclosures.

4. List before the appropriate Court.

Sd/-

JUDGE

KBM

CT: BHK