Union Of India vs Sri K P Sekhar Babu
2024 Latest Caselaw 1053 Kant

Karnataka High Court

Union Of India vs Sri K P Sekhar Babu on 11 January, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                          NC: 2024:KHC:1461
                                                       MFA No. 275 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF JANUARY, 2024

                                              BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                    MISCELLANEOUS FIRST APPEAL NO. 275 OF 2016 (AA)

                   BETWEEN:

                   UNION OF INDIA
                   REPRESENTED BY DEPUTY CHIEF ENGINEER
                   CONSTRUCTION
                   SOUTH WESTERN RAILWAY
                   #18, MILLERS ROAD
                   BANGALORE-560046
                                                               ...APPELLANT
                   (BY SRI ABHINAY Y.T., ADVOCATE [ABSENT])

                   AND:

                   1.    SRI K.P. SEKHAR BABU
                         RAILWAY CONTRACTOR
                         MAJOR, NO.206,
                         MAHALAKSHMI TOWERS
Digitally signed
by SHARANYA T            BALAJI NAGAR,
Location: HIGH           SRIPURAM JUNCTION
COURT OF                 VISAKHAPATNAM-560013
KARNATAKA
                   2.    AMIT GARG
                         CHIEF ENGINEER,
                         RAIL WHEEL FACTORY
                         YELAHANKA
                         BANGALORE-560064

                   3.    S. GUNASHEKARAN
                         FINANCIAL ADVISOR AND
                         CHIEF ACCOUNTS OFFICER
                         WP/EAST CENTRAL RAILWAY
                               -2-
                                            NC: 2024:KHC:1461
                                         MFA No. 275 of 2016




4.  MRS. CHOWDHARY
    SR. DIVISIONAL ENGINEER/NORTH SWR RAILWAY
    BANGALORE-560001.
                                        ...RESPONDENTS
(VIDE ORDER DATED 03.01.2020,
SERVICE OF NOTICE TO R2 TO R4 DISPENSED WITH
VIDE ORDER DATED 11.01.2024,
APPEAL AGAINST R1 IS DISMISSED)

     THIS MFA IS FILED U/S.37(1)(b) OF THE ARBITRATION
AND CONCILIATION ACT, AGAINST THE JUDGMENT AND
AWARD DATED 18.09.2015 PASSED ON A.S.NO.51/2011 ON
THE FILE OF THE XL ADDITIONAL CITY CIVIL & SESSIONS
JUDGE, BENGALURU AND ETC.

    THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

The counsel for the appellant is absent and also not taken

steps against respondent No.1. This Court on 24.11.2023, a

week's time was granted to do the needful. This the matter of

the year 2016. But till date, steps are not taken against

respondent No.1. Hence, the appeal against respondent No.1

is dismissed. In view of dispensation of notice against

respondent Nos.2 to 4, the present appeal does not survive for

consideration. Hence, the appeal is dismissed for non-taking

steps against respondent No.1.

Sd/-

JUDGE

SN